Yawar Ali Rizvi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21159 of 2018 ====================================================== Yawar Ali Rizvi S/o Late Syed Mohammand Kazim Rizvi, R/o VillagePaighambarpur Kolhua, Post Office- Paighambarpur Kolhua, Pollce StationYahiyapur, District Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate For the Respondent/s :

Mr.Sanjay Kumar, AC to GP-23 for the BRA : Mr. Zakir Haider, Advocate. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the BRA, Bihar University.

Petitioner who retired from the post of routine clerk with effect from 30.06.2014 from Laxmi Narayan Collega, Bhagwanpur under the BRA Bihar University, Muzaffarpur (hereinafter referred to as 'the University') seeks payment of pension from July, 2014, Provident Fund, leave encashment and gratuity along with interest at the rate of 12% on the admitted dues on the date he became entitled to his pensionary benefits. A counter affidavit has been filed on behalf of the University stating therein that pension along with arrears has already been paid to the petitioner which has not been disputed by the petitioner. So far as leave encashment and gratuity is

Patna High Court CWJC No.21159 of 2018(3) dt.11-01-2019 2/3 concerned, it has been stated in the counter affidavit filed on behalf of respondent nos.3, 4 and 5 in para para-8 that leave encashment of Rs.2,31,400/- and Rs.231400/- towards payment of gratuity has been sent to the treasury for payment. The petitioner submits that no payment on the said account has been received by him. So far as provident fund is concerned, it has also not yet been paid to the petitioner. He further submits that the petitioner is a retiree in the year 2014 yet his retiral benefits have not been paid for which he is entitled to interest and refers to a Division Bench order of this Court in the case of Krishna Kant Sinha v. The State of Bihar & Ors. Since reported in 2019(1) PLJR 46 specially para-6.2.

(ii) Considering the submission of the parties and the statement made in the counter affidavit filed by the University, the Treasury Officer, Muzaffarpur is directed to release payment of the bills sent by the BRA University on 26.12.2018 within a period of one month from the date of receipt/production of a copy of this order.

So far as the GPF is concerned, the respondent no.6 the Principal, Laxmi Narayan College, Bhagwanpur, Vaishali is directed to calculate the GPF amount and make payment of the entire GPF amount of the petitioner within three months from

Patna High Court CWJC No.21159 of 2018(3) dt.11-01-2019 3/3 the date/production of a copy of this order. The Vice Chancellor, the Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur Respondent No.4 will look into the aspect of payment of interest for the delay in payment of retiral dues in accordance with the order passed by the Division Bench of this Court in the case of Krishna Kant Sinha vs. The State of Bihar & Ors(supra) in the light of para 6.2(ii) and pass a speaking order within a period of three months from the date of receipt/production of a copy of this order.

Writ application is disposed of accordingly.

(Nilu Agrawal, J) B.Kr./- U