Girish Chandra Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11179 of 2017 =========================================================== Girish Chandra Prasad Sinha S/o Late Harihar Mahto, Resident of Village & Post. Amari, P.S. Khodawanpur, District-Begusarai at Present Ashok Nagar Pokhariya, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through it's the Commissioner Cum Secretary, Higher Education Dept. Govt. of Bihar, Patna.

2. The L.N. Mithila University, through its Vice-Chancellor, L.N. Mithila University Kameshwar Nagar, Dharbhanga.

3. The Registrar, L.N. Mithila University, Kameshwarnagar, Darbhanga.

4. The Finance Officer, L.N.Mithila University, Kameshwar Nagar, Darbhanga

5. The Pension Officer, L.N. Mithila University, Kameshwar Nagar, Dharbhanga.

6. The Principal, A.P.S.M. College, Barauni (Begusarai). .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the State :

Mr. Ram Vinay Pd. Singh, AC to GA 12 For the University :

Mr. Jawed Gaffar Khan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 30-08-2018 Heard learned counsel for the petitioner; State and L. N. Mithila University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

" (i) For issuance of an appropriate writ in the

Patna High Court CWJC No.11179 of 2017 dt.30-08-2018 2/3 nature of mandamus or any appropriate writ/writs, order/order, direction/direction commanding the respondents to make payment of all post & pre retrial dues i.e. Group Insurance, Gratuity, Leave Encashment & arrears of difference of salary from the period of April 1997 to March 2015 total amounting of Rs. 1445205/- to the petitioner along with calculation chart.

(ii) For issuance of direction to the respondents to make all due payments with 12% penal interest per annum and also to pay exemplary cost due to latches and harassing attitude of the respondents. (iii) For issuance of any other appropriate order/orders, direction/directions as your Lordship may deem fit and proper in the facts and circumstances of the case."

3. From the pleadings on record, learned counsel for the petitioner does not dispute that the admitted dues of the petitioner have been paid. However, he submitted that there may be some error in the computation of the dues, for which liberty was sought to make detailed representation before the Registrar of the University.

4. In view thereof, the writ petition stands disposed off with liberty aforesaid.

5. If the petitioner files a detailed representation before the Registrar of the University within four weeks from today giving

Patna High Court CWJC No.11179 of 2017 dt.30-08-2018 3/3 details of his calculation, the Registrar shall get the matter verified from the official records and pass a reasoned order thereupon within four weeks from the date of filing of such representation. If it transpires that the petitioner is required to be paid any further amount in terms of the order to be passed on his representation, the same shall be paid to him within three weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U