Jitendra Nath Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2284 of 2018 ====================================================== Jitendra Nath Singh Son of late Jainarayan Singh, Resident of Kumhaila, P.O.-Kumhaila, P.S.-Charpokhari, District-Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
Magadh University, Bodh Gaya through its Registrar. 3.
Vice Chancellor, Magadh University, Bodh Gaya. 4.
Registrar, Magadh University, Bodh-Gaya, 5.
Principal, R.L.S.Y. College, Bakhtiyarpur, District-Patna. 6.
The Treasury Officer, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendr Kumar, Adv.
For the Respondent/s :
Mr. Siddhartha Prasad, Adv.
:
Mr. Om Prakash Kumar, Adv.
For the University :
Mr. Pratik Kumar Sinha, Adv.
For the State :
Mr. Pramod Kumar Singh, AC. to SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2023 Learned counsel for the petitioner, counsel for the State, counsel for the University and counsel for the respondent no.5 present.
The present application has been filed by the petitioner for payment of his pension. As he retired on 31.08.2013 and since then, his arrears of payment was dues. Counsel for the petitioner submits that vide order dated 08.05.2018, a direction was made by this Hon'ble Court to pay the admitted dues to the petitioner. The said order has been complied and according to the respondent University,
Patna High Court CWJC No.2284 of 2018(14) dt.09-02-2023 2/3 admitted dues have been paid. Counsel submits that during the pendency of the writ petition, the respondent University has issued a letter in which re-fixation of his salary by the Pay Verification Cell of the State of Education Department has been made. Due to which the entire arrears have been made in the light of report of Pay Verification Cell.
Counsel for the petitioner has filed an I.A., challenging the order of Pay Verification Cell in the present writ and also demanded his arrears of salary from 2013 to 2016. The challenge of said decision is covered under subject fixation of salary. It is therefore, the said I.A has not been entertained here in the present writ petition.
Counsel for the University submits that after receiving the Pay Verification Cell report, entire calculation has been made and payment has been assured in the account of the petitioner according to the recommendation of the Pay Verification Cell and according to him, there are nothing due towards retiral benefits of the petitioner.
Counsel for the petitioner submits that due to the existence of the report of the Pay Verification Cell, the amount of pensionary benefits which ought to be paid has not been paid, but the report of Pay Verification Cell has been fully complied.
Patna High Court CWJC No.2284 of 2018(14) dt.09-02-2023 3/3 In the above mentioned facts and circumstances, this writ petition is hereby disposed of as all admitted dues and arrears of salary have been paid in the account of the petitioner with full satisfaction.
But the petitioner shall be at liberty to challenge the report/ order of Pay Verification Cell before the appropriate forum.
With this observation, this writ application is disposed of.
(Dr. Anshuman, J.) prakashmani/- U