Rupam Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8522 of 2018 =========================================================== Rupam Rani, Wife of Late Dilip Kumar Sinha, resident of C/o Sri Man Mohan, Advocate, 'D' Block Kadamkuan, Police Station Kadamkuan, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Higher Education, having his Office in Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District Patna.

2. The Vice Chancellor, B.R. Ambedkar, Bihar University, Muzaffarpur.

3. The Registrar, B.R. Ambedkar, Bihar University, Muzaffarpur.

4. The Finance Officer, B.R. Ambedkar, Bihar University, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the B.R.A. Bihar University :

Mr. Navin Prasad Singh, Advocate For the State :

Mr. Madhukar Mishra, A.C. to S.C.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner; State and B.R.A. Bihar University (hereinafter referred to as the 'University').

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

"That this writ application is filed for issuance of writ in the nature of mandamus directing the respondents to pay leave encashment and gratuity to the petitioner with statutory and penal interest."

3. Counter affidavit has been filed on behalf of the University in which the stand is that Leave Encashment has been paid to the petitioner and with regard to Gratuity, Rs. 747833/- has

Patna High Court CWJC No.8522 of 2018 dt.14-08-2018 2/2 been sanctioned. Learned counsel for the University took a categorical stand before the Court that the same shall also be paid within two weeks.

4. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the Registrar of the University to ensure that the amount of Gratuity is credited into the account of the petitioner latest within three weeks from today.

5. The Court would only indicate that as the matter is being disposed off on the assurance given by learned counsel for the University with regard to payment being credited into the account of the petitioner within two weeks, non-compliance shall result in serious consequences for the officers concerned. The authorities would look into the matter as to whether payment of Gratuity would carry any interest, and if the same is applicable, it shall be paid to the petitioner, in accordance with law.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U