Kamala Sinha v. The Baba Saheb Bhim Rao Ambedkar Bihar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12901 of 2018 =========================================================== Kamala Sinha, about 70 years W/o Late Hari Nath Prasad Singh, resident of Flat No. 101, Nandan Apartment, Opposite to A.N. College, Boring Road, Patna, P.S. - S.K. Puri, District - Patna (Bihar).

.... .... Petitioner/s

Versus

1. The Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar.

2. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur.

3. The Registrar, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur.

4. The Finance Officer, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-09-2018 Heard learned counsel for the petitioner and B.R.A. Bihar University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

"i. For issuance of appropriate writ(s) order(s) and direction to respondents to implement their own recommendation of Statutory Pay Fixation Committee of BRA Bihar University (Vide Annexure1) and to pay pensionary arrears and other allowances from 01.04.1997 to 31.03.2002 and difference of salary w.e.f. 01.04.1997 and w.e.f01.04.2005 with admissible arrears. ii. For issuance of appropriate writ, order and direction(s) to respondents to make payment of Petitioner's full Pension arrears and difference w.e.f 01.04.2002 to 20.08.2006.

Patna High Court CWJC No.12901 of 2018 dt.06-09-2018 2/3 iii. For issuance of appropriate writ, order and direction(s) to respondents to make payment of revised pension amount of petitioner and arrears from 21.08.2006 to 01.06.2018.

iv. For issuance of appropriate writ, order and direction(s) to respondents to make payment of above stated amount to this petitioner with statutory as well as penal interest from the date on which it fell due to the date of actual payment and further respondents may kindly be directed to pay litigation cost also.

v. For any other relief(s) for which petitioner may be found entitled in the facts and circumstances of this case."

3. From the supplementary counter affidavit filed on behalf of the University today, in terms of order dated 24.08.2018, details of payments made to the petitioner have been brought on record and also the steps taken by the Vice Chancellor for ensuring that instructions are sent to learned counsel for filing affidavit.

4. Learned counsel for the University submitted that as per his instructions, the amounts have also been credited into the account of the petitioner.

5. Learned counsel for the petitioner submitted that he has no instructions.

6. Having regard to the averments made in the supplementary counter affidavit of the University on oath, the Court has no reason to doubt the same. Accordingly, the writ petition stands disposed off.

Patna High Court CWJC No.12901 of 2018 dt.06-09-2018 3/3

7. However, the University authorities shall ensure that if actual payment has not been credited into the account of the petitioner, the same is done within one week from today. If in future, the Court is informed that the same has not been done, the Court shall take a strict view against the University authorities. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U