Smt.Usha Kumari v. The Rajendra Agricultural Univ

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23436 of 2011 ====================================================== Smt. Usha Kumari W/O Late Ram Eqbal Singh At Present Residing At Quarter No. Old C/2-35, Pusa Campus, P.S.- Pusa, District- Samastipur ... ... Petitioner/S

Versus

1. The Rajendra Agricultural University Through Its Registrar Having Office At Pusa, Samastipur

2. The Vice-Chancellor, R.A.U., Pusa, Samastipur

3. The Director, Administration, Rau, Pusa, Samastipur

4. Aman Kumar S/O Late Ram Eqbal Singh R/O Village- Dariapur, P.O.- Fakharpur, P.S.- Karpi, Distt.- Jehanabad, At Present Residing At C/O Bimilesh Kumar Chaudhary, Primary Health Centre, Pusa, Block, P.S.- Pusa, Distt.- Samastipur

5. Aswini Kumar S/O Late Ram Eqbal Singh R/O Vill.- Dariapur, P.O.- Fakharpur, P.S.-KARPI, District- Arwal

6. Archana Kumari W/O Sri Manoj Kumar, D/O Late Ram Eqbal Singh R/O Vill.- Mishroulia, Distt.- Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sri Niwas Jha, Advocate For Resp. No.4 :

Mr. Sunil Kumar, Advocate Mr. Navin Sharma, Advocate For the University :

Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University as well as Respondent No.4.

The petitioner has filed the present writ petition for quashing the order dated 12.9.2011 passed by the Rajendra Agriculture University, whereby 25% of the pay and pension payable to the late Ram Eqbal Singh, deceased employee-husband of the petitioner has been ordered to be deducted from the due amount.

Patna High Court CWJC No.23436 of 2011 dt.25-06-2018 2/3 From the materials available on the record, it appears that succession certificate was issued on the basis of the compromise between the parties and in terms of the compromise and succession certificate the Vice-Chancellor of the University has taken the decision.

In view of the above, the Court does not find any infirmity in the action of the University directing distribution of the pay and pension of the deceased employee, late Ram Eqbal Singh among the successors on the basis of the succession certificate issued by the District Court, Samastipur in Succession Case No. 25 of 2003.

The other grievance relates to penal rent. The husband of the petitioner died on 19.4.2002 and the Regulation with regard to penal rent was introduced in the Rajendra Agriculture University in the year 2007.

In view of the fact that Regulation was operative from 2007, the deduction prior to the Regulation is impossible and as such the University is hereby directed to refund the amount recovered in the name of penal rent from the dues payable to late Ram Eqbal Singh.

In view of the above, the writ petition is disposed of with the direction to the Rajendra Agriculture University to refund

Patna High Court CWJC No.23436 of 2011 dt.25-06-2018 3/3 the amount recovered from the dues payable to the heirs of late Ram Eqbal Singh in the name of penal rent, if not already refunded within a maximum period of three months 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) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission Date