Sumangal Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.876 of 2018 ====================================================== Sumangal Das, Son of Late Khublal Das, Resident of Village- Arara, Dharhara, P.S.-Hajipur, District- Vaishali, retired as Peon in S.K. Mahila College, Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Higher Education Govt. of Bihar, Patna. 3.

The Vice-Chancellor, L.N.Mithila University, Darbhanga. 4.

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

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

The Principal, S.k. Mahila College, Begusarai, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Ashutosh Ranjan Pandey -Aag15 For the L.N.M.U.

:

Mr. Md. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Lalit Narayan Mithila Universtiy, Darbhanga (hereinafter referred to as 'the University').

In view of the supplementary counter affidavit filed in reply to I.A. No. 9492 of 2018, the University has re-examined the matter and accordingly, difference of arrear pension on account of providing ACPs/MACPs of Rs. 84,490/- after adjustment of earlier paid amount of Rs. 33,648/- has been added in the monthly pension of August, 2018. It has also been

Patna High Court CWJC No.876 of 2018(12) dt.09-04-2019 2/2 stated in the letter no. 500 dated 28.09.2018 as contained in Annexure-C that the final payment of arrear would be made on receipt of Pay Verification Slip from the Pay Verification Cell of the Government of Bihar, Patna.

A counter affidavit has been filed on behalf of the State wherein at para-6 and 7, it has been stated that the benefit has been extended and remitted to the University and the Principal of the concerned college as well as the petitioner through registered post and now it is the University which is required to take action in the matter in accordance with law. Considering the said statements and submissions, this writ application is disposed of with a direction to the respondent no. 4, the Registrar, Lalit Narayan Mithila University, Darbhanga to pay the entire arrears and current as per the pay fixation committee of the University as noted in Annexure-C to the supplementary counter affidavit within a period of two months from the date of receipt/production of the copy of this order.

(Nilu Agrawal, J) devendra/- U