Kundan Kishore Tiwary And ANR v. The Patna University Through Its Vice Chancellor And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17446 of 2018 ====================================================== 1.

Kundan Kishore Tiwary 2.

Harsh Ranjan, Both Sons of Late Tribhuwan Tewari, Resident of MohallaPallavi Nagar, Koiri Tola, Patna- 800007, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

The Patna University Through Its Vice Chancellor 2.

The Registrar, Patna University, Patna.

3.

The Principal, Patna Law College, Patna.

4.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Governm ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Harendra Nath Ojha For the Respondent/s :

Smt. Shilpa Singh-GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2023 Heard learned counsel for the parties concerned. Learned counsel for the petitioners submits that in the additional counter affidavit statement has been made by the University with the supporting documents at Annexure-AC/2 that all the admissible dues of the father of the petitioners has been paid on the basis of last pay drawn at Rs. 16,930/-. The father of the petitioners retired in the year 2010. Referring to Annexure-4 of the writ petition at page-30 containing notification of revision of pay w.e.f. 01.01.2006, learned counsel submits that after perusal of the same it is abundantly clear that the pay of the father of the petitioners as

Patna High Court CWJC No.17446 of 2018(6) dt.16-03-2023 2/3 on 01.07.2009 was fixed at Rs. 18,640/-.

Accordingly, his submission is that there is apparent error in calculation of the pension and other retiral dues of the father of the petitioners at the hands of the University. Learned counsel for the University submits that in paragraph-8 of the second additional counter affidavit the University has categorically stated that all calculation for payments of post retiral dues of the father of the petitioners has been done on the basis of information available in the University and if any error is discovered, the University would consider it as per the correct facts.

Having heard learned counsel for the parties and taking into consideration the nature of claim, this writ application is disposed with liberty to the petitioners to approach the Registrar of the University for remaining grievances, if any, by filing a detailed representation and if such a representation is filed by the petitioners within a period of two weeks, the Registrar shall be obliged to dispose the same in accordance with law and by reasoned order within a period of three months from the date of receipt/production of the representation.

It is made clear that if any amount is found payable to

Patna High Court CWJC No.17446 of 2018(6) dt.16-03-2023 3/3 the petitioners towards the retiral dues of their father the same shall be paid by the University within a period of one month from the date of disposal of the representation by the Registrar of the University.

With the aforesaid observation and direction, this writ application is diposed.

(Anil Kumar Sinha, J) ashwani/- U