Mani Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14855 of 2018 ====================================================== Anpurna Kumari W/o Late Mani Kumar Singh Resident of Village- Chhitraur Kothi, New Professor Colony, Dinkar Nagar, Ward No.- 16, Dumari, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. 4.

The Registrar, Lalit Narayan Mithila University, Darbhanga. 5.

The Finance Officer, Lalit Narayan Mithila University, Darbhanga. 6.

The Principal G.D. College, Begusarai.

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Madhaw Pd. Yadaw, GP-23 For the University :

Mr. Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-02-2025 Heard the parties.

2. The petitioner has approached this Court for the following relief(s):- "(i) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent authorities to make payment the difference of retiral dues such as earn leave and arrears of pension from 01.04.2009 till date on the basis of pay scale Rs. 37,400-67,000/- Grade pay Rs. 9000/- which has been fixed on account of grant of ACP and MACP in compliance of order passed in Civil Appeal No. 516/2013 order dated 18.01.2013 (State of Bihar & ors. V

Patna High Court CWJC No.14855 of 2018(21) dt.27-02-2025 2/3 Sunny Prakash & ors.) as the petitioner has been paid his post retiral dues in the pay scale of Rs. 15,000 -39,000/-. and also payment of GIC and DDA @ 12.5% and 9% compound interest in view of judgment reported in 2006, Vol- IV, PLJR page 369 and Medical allowances as per Govt. notification since the University employees are also entitled to get the similar relief in view of statute.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent authorities to make payment the aforesaid dues with interest on account of delay in payment since due to laches on the part of the respondent University the petitioner is suffering.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.."

3. Adverting to the materials available on record, learned counsel for the petitioner submitted that the issue posed before this Court, has already been set at rest in the case of Bimal Kumar Bimal v. The State of Bihar and Others and other analogous cases [C.W.J.C. No. 22953 of 2018] which came to be disposed off by this Court on 18.10.2024. It is the contention of the petitioner that her case is squarely covered by the decision passed by this Court in Bimal Kumar Bimal (supra).

Patna High Court CWJC No.14855 of 2018(21) dt.27-02-2025 3/3

4. At this juncture, learned counsel for the State and the learned counsel for the University submitted at the Bar that the claim of the petitioner is required to be considered by the competent authorities since she seeks parity to those of the writpetitioners of the afore-noted case.

5. In view of the submissions advanced on behalf of the learned counsel for the respective parties, this Court deems it appropriate to dispose off the writ petition with a direction to the respondents no. 3 and 4 to consider the claim of the petitioner in the light of the decision of this Court in Bimal Kumar Bimal (supra).

6. In case, the claim of the petitioner finds identical to those of the writ-petitioners (C.W.J.C. No. 22953 of 2018), identical relief must be accorded to the petitioner, preferably within a period of twelve weeks' from the date of receipt/production of a copy of this order.

7. The writ petition stands disposed off with the aforesaid direction and observation.

(Harish Kumar, J) rohit/- U