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Patna High CourtCWJC/14158/2014disposed

Most. Lalpari Singh v. The State Of Bihar And ORS

2017-09-19Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14158 of 2014 ====================================================== Most. Lalpari Singh W/o Late Ram Bali Singh, resident of village- Barahi Jagdish, P.S.- Purhania, District- Sheohar, A/P residing at A.N. Sinha Institute of Social Studies Campus, Gandhi Maidan, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary (Higher Education), Human Resources Development Department, Govt. of Bihar, Patna. 2.

The A.N. Sinha Institute of Social Studies through its Director, Gandhi Maidan, District- Patna.

3.

The Director, A.N. Sinha Institute of Social Studies, Gandhi Maidan, DistrictPatna. 4.

The Registrar, A.N. Sinha Institute of Social Studies, Gandhi Maidan, District- Patna.

5.

The Administrator, A.N. Sinha Institute of Social Studies, Gandhi Maidan, District- Patna.

6.

The Board of Control through the Chairman, A.N. Sinha Institute of Social Studies, Gandhi Maidan, District- Patna.

7.

The Accountant General, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the State :

Mr. Mrigendra Kumar Singh, AC to SC 9 For Respondents 2 to 6 :

Mr Piyush Lall For the A.G.

:

Mr Raghwanand ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date : 19-09-2017 The quarters in question has been vacated by the petitioner on 31.7.2015. Taking into consideration the subsequent development that the Institute is not required to pay pension to its employees on a judgment, which has been rendered by a learned Single Judge in a writ application filed on behalf of larger number of employees, which is CWJC No.13715 of 2015, decided on 20.06.2017, the Institute cannot be directed to make any recovery from the

Patna High Court CWJC No.14158 of 2014 dt.19-09-2017 2/2 petitioner, who is widow of the erstwhile employee, much less any penal rent that may have been ordered. The Court will not allow the petitioner to be doubly hit for the said development. The Court is further informed that an appeal has been preferred against the order of the learned Single Judge. Nothing more is required to be said on the issue.

The entitlement of the petitioner with regard to other post retiral benefits minus pension must be settled within a period of three months from the date of production of a copy of this order. The writ application stands disposed of in terms of the above direction.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 20.09.2017 Transmission Date NA