Bishwa Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18222 of 2019 ====================================================== Bishwa Nath Singh S/o Late Surya Narayan Singh resident of MohallaPokharia, Near Kali Asthan, P.S.- Begusarai, District- Begusarai, retired as Associate Professor in the Department of Psychology, Co-operative College, Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Vice- Chancellor, L.N. Mithila University, Darbhanga. 4.

The Registrar, L.N. Mithila University, Darbhanga. 5.

The Finance Officer, L.N. Mithila University, Darbhanga. 6.

The Principal, Co-operative College, Begusarai, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2021 The present writ petition has been filed for payment of the leave encashment amount, arrears of salary, D.A. and H.R.A. amount.

The learned counsel for the University submits that during the interregnum period, the leave encashment amount totaling to a sum of Rs. 5,35,477/- has already been paid to the petitioner herein, apart from payment of the arrears of salary totaling to a sum of Rs. 53,676/-.

As far as the amount of D.A. and H.R.A. are

Patna High Court CWJC No.18222 of 2019(5) dt.25-02-2021 2/2 concerned, it is submitted that the University has preferred an appeal bearing L.P.A. no. 333 of 2019, arising out of C.W.J.C. no. 17983 of 2016 (Dr. Vijay Pd. Singh v. the State of Bihar and ors.), hence the decision regarding payment of D.A. and H.R.A. shall be consequent to the result of the aforesaid appeal, filed before the learned Division Bench of this Court. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of, however with liberty to the petitioner to agitate his subsisting grievances regarding payment of interest on delayed payment of the retiral dues before the University authorities. It is needless to state that as far as the D.A. and H.R.A. amounts are concerned, the petitioner would be entitled to claim the same, subject to the final outcome of the appeal filed by the respondent-University bearing L.P.A. no. 333 of 2019.

(Mohit Kumar Shah, J) rinkee/- U