Patna High CourtCWJC/18991/2017disposed

Sheojee Dubey v. The State Of Bihar And ORS

2018-06-22Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18991 of 2017 =========================================================== Sheojee Dubey Son of late Kapiledeo Dubey Village- Jaigaon, P.O.- Karhasi, P.S. Buxar, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary Education Department, Govt. of Bihar, Patna.

3. The Director, Higher Education, Patna.

4. Veer Kuwar Singh University, Ara through its Registrar.

5. The Vice-Chancellor,Veer Kuwar Singh University, Ara.

6. The Registrar, Veer Kunwar Singh University at Ara.

7. The Finance Officer, Veer Kuwar Singh University, Ara. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the V.K.S.U., Ara :

Mr. Arabind Nath Pandey, Advocate For the State :

Mr. Hitesh Suman, AC to SC-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-06-2018 Heard learned counsel for the petitioner; State and Veer Kunwar Singh University (hereinafter referred to as the 'University').

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

"That this writ application for issuance of an appropriate writ/ directions commanding the respondents to make payment pension w.e.f. May, 2016 gratuity, leave encashment, G.I.C., Provident Fund etc and also make payment of arrear of salary due to grant of ACP to the petitioner. The petitioner further prays for payment of 12% per annum interest on aforesaid dues and also grant any other reliefs for which petitioner is found entitled in the facts and circumstances of the case."

Patna High Court CWJC No.18991 of 2017 dt.22-06-2018 2/2

3. At the very outset, learned counsel for the University submitted that the issue stands decided by the judgment dated 28.02.2017 in C.W.J.C. No. 6618 of 2016 in the case of Gupteshwar Prasad Vs. The State of Bihar & Ors.

4. Such contention has not been controverted by learned counsel for the petitioner and State.

5. In view thereof, the judgment dated 28.02.2017 in the case of Gupteshwar Prasad (supra) having attained finality and also complied with by the respondents, the Court does not find any reason to take a different view.

6. Accordingly the writ petition stands disposed off in terms of the judgment dated 28.02.2017 passed in C.W.J.C. No. 6618 of 2016. The direction issued at paragraph no. 13 of the judgment shall also apply in the case of the petitioner. (Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U