Om Prakash Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20096 of 2016 =========================================================== Om Prakash Jha, Son of late Anirudh Jha, Resident of Gangjala, Police StationSaharsa, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Education, Government of Bihar, Patna.

2. The Bhupendra Narayan Mandal University through its Registrar, Lalu Nagar, Madhepura.

3. The Vice Chancellor, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

4. The Registrar, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

5. The Finance Officer, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

6. The Principal, Ramesh Jha Mahila College, Saharsa. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Dhar Jha, Advocate For the State :

Mr. Ram Vinay Prasad Singh, A.C. to G.A. 12 For the University :

Mr. Mithlesh Kumar Rai, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner; State and B.N. Mandal University (hereinafter referred to as the 'University').

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

"That by this writ application, petitioner prays for a direction to the authority to make payment of retiral dues such as gratuity, leave encashment,

Patna High Court CWJC No.20096 of 2016 dt.14-08-2018 2/3 amount of Group Insurance including benefit of ACP with 18% penal interest and for any other relief or reliefs for which the petitioner is entitled in law be given to him."

3. From the pleadings on record, it transpires that as far as the University is concerned, all admitted dues have been paid except for G.I.C. contribution of the petitioner for the period he was serving under the erstwhile L. N. Mithila University from which later on B. N. Mandal University was carved out. Learned counsel for the University submitted that for the said period, the amount along with details has to come from L. N. Mithila University and they are only supposed to pay to the petitioner, but not from its own funds. It was submitted that categorical statement has been made in the 3rd supplementary counter affidavit that L. N. Mithila University has been sent letter with regard to G.I.C. claim for such period and reply is still awaited.

4. Having considered the matter, the Court finds that the writ petition has served its purpose and accordingly, the same stands disposed off. However, as L. N. Mithila University has not been made a party, any grievance relating to the same cannot be adjudicated in the present writ application. Further, with regard to any other grievance which is beyond the scope of the present writ application, the petitioner shall be at liberty to move before the

Patna High Court CWJC No.20096 of 2016 dt.14-08-2018 3/3 appropriate forum/authority in accordance with law, for redressal of such grievance.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U