Dr. Tarkeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15423 of 2022 ====================================================== Dr. Tarkeshwar Singh Son of Late Sheshbadan Singh, resident of VillageGhatawan, P.O.-Fakhrabad, P.S.-Kudra, District-Kaimur at Bhabhua. ... ... Petitioner/s
Versus
1.
The State of Bihar .
2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Higher Education, Government of Bihar, Patna. 4.
The Veer Kunwar Singh University Ara through its Registrar. 5.
The Vice-Chancellor, Veer Kunwar Singh University, Ara. 6.
The Registrar, Veer Kunwar Singh University, Ara. 7.
The Finance Officer, Veer Kunwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Adv.
For the State :
Mr. Madhaw Pd. Yadaw (Gp23), Ms. Meera Singh, AC to GP-23 For the University :
Mr. Dr. Anand Kumar, Adv., Mr. Ramesh Gupta, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 24-08-2023 Heard Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. Madhaw Pd. Yadaw and Ms. Meera Singh, learned counsels appearing on behalf of the State and Mr. Dr. Anand Kumar and Mr. Ramesh Gupta, learned counsel appearing on behalf of the University.
2. The present writ petition under consideration has been filed for following relief (s) : -
Patna High Court CWJC No.15423 of 2022 dt.24-08-2023 2/3 "1) That this is application for issuance of appropriate writs/directions commanding the Respondents make payment of Gratuity amount of Rs.6.50/- (Six lakh fifty thousand), earned leave in Sixth Pay Revision and 139 days of earned leave and arrear of difference of salary in Sixth Pay Revision from 1.1.2006 to January, 2010. The petitioner further prays to make payment of interest of 12% per annum on aforesaid dues and also grant any other reliefs for which petitioner is found entitled in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the authority concerned and the claim of the petitioner has been forwarded by the Principal of the concerned college and the delay in making payment is being caused by the Registrar of the University.
4. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of four weeks in spite of the fact that the University is stressed due to non-availability of fund.
5. The Vice-Chancellor, Registrar and Finance Officer of the Veer Kuwar Singh University, Ara, must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating
Patna High Court CWJC No.15423 of 2022 dt.24-08-2023 3/3 speedy redressal of the genuine grievance and prevent unnecessary litigation.
6. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.
7. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a period of four weeks.
8. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.
9. With the above observation/direction, the present writ petition is allowed.
(Purnendu Singh, J) pravinkumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA