Patna High CourtCWJC/8460/2016disposed

Dr. Shanti Kumari Verma v. The State Of Bihar And ORS

2018-01-16Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8460 of 2016 =========================================================== Dr. Shanti Kumari Verma, W/o Mr. Shishir Kumar Verma, R/o MIG-103, Hanuman Nagar, P.S.- Patrakar Nagar, Kankarbagh, Patna- 800020. .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Vikash Bhawan, New Secretariat, Bihar, Patna.

3. The Magadh University through the Registrar, Magadh University, Bodh Gaya, District- Gaya.

4. The Vice Chancellor, Magadh University, Bodh Gaya, District- Gaya.

5. The Registrar, Magadh University, Bodh Gaya, District- Gaya.

6. The Financial Advisor, Magadh University, Bodh Gaya, District- Gaya.

7. The Finance Officer, Magadh University, Bodh Gaya, District- Gaya.

8. The Principal, T.P.S. College, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Dr. Anand Kumar, Advocate For the Magadh University :

Mr. Shivendra Kishore, Sr. Advocate Mr. Arabind Nath Pandey, Advocate For the State :

Mr. Pankaj Kumar, S.C. to G.A. 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-01-2018 Heard learned counsel for the petitioner; State and Magadh University (hereinafter referred to as the 'University').

2. Supplementary counter affidavit has been filed on behalf of the University in which the stand is that the claim of the petitioner for payment of retiral benefits on the basis of pay scale of Rs. 9300-34800 with grade pay Rs. 4200, has been reexamined and found admissible. The further stand is that the University is in the process of fixing her pay and calculating the difference of admissible dues in the aforesaid scale which will be paid very soon without any

Patna High Court CWJC No.8460 of 2016 dt.16-01-2018 2/2 delay.

3. On a query of the Court to learned counsel for the University as to when actual payment shall be made to the petitioner, it is submitted that within three months the same shall be paid.

4. Having regard to the aforesaid, keeping in mind the fact that detailed calculation has to be made under the changed circumstances and even with regard to availability of funds, the Court is inclined to dispose off the writ petition with a direction to the respondents no. 5, 6 and 7 to ensure that such payment is made to the petitioner at the earliest and latest by 16th April, 2018.

5. The Court would only observe that as the time fixed for making actual payment is based on the request of learned counsel for the University itself, non adherence to the same shall lead to serious consequences.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U