Prof. Dineshwar Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15291 of 2019 ====================================================== Prof. Dineshwar Lal Das S/o Late Shiv Shankar Lal Das Resident of Mohalla R.K. Puram, P.s.- Madhubani Town, Distt.- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna 2.

The Vice Chancellor Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3.

The Registrar Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4.

The Principal Kalidas Vidyapati Science College, Uchhaith, Bennipatti, Distt.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Respondent/s :

Smt. Binita Singh (Sc28) For the L.N.M.U.

:

Mr. Md. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as learned counsel for the University.

Petitioner superannuated on 31.7.2008.

Earlier the petitioner approached this Court by filing C.W.J.C. No. 5189 of 2009. The writ petition was disposed of vide common order 23.4.2009. Thereafter, petitioner was paid arrears of salary in the UGC pay scale with effect from 1.1.2006 but the University has not calculated allowances. Grievance of the petitioner in the present writ application is that University has not calculated interest over group insurance.

Patna High Court CWJC No.15291 of 2019(2) dt.30-07-2019 2/2 Learned counsel for the petitioner submits that similarly circumstanced others have been granted interest @ of 12.5 per cent over group insurance but in the case of the petitioner they have adopted different yardsticks. If others have been granted benefit at the rate of 12.5 per cent on group insurance then there is no reason for the University to adopt different yardsticks for the purpose of granting post retiral dues. Under such circumstances, the writ petition is disposed of with direction to the University to work out the entitlement of the petitioner as to payment of interest on group insurance if others have been granted interest on group insurance and also calculate the entitlement of the petitioner for HRA and D.A. if not already paid and ensure payment to the petitioner within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U