Rambha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23083 of 2012 ===========================================================

1. RAMBHA DEVI S/O Late Baldeo Singh R/O Villge- Lakhnaur, P.O. Lakhnaur, District- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna

3. The Secretary Department Of Higher Education, Government Of Bihar, Patna

4. The Director, Higher Education Government Of Bihar, Patna

5. The Vice Chancellor Baba Saheb Bhim Rao Ambedkar, Bihar Unvierstiy, Muzaffarpur

6. The Registrar Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur

7. The Finance Officer Baba Saheb Bhim Rao Mabedkar, Bihar University, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vikas Ratan Bharti For the Respondent/s : Mr. Avinash, A.C. to S.C.-6. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel appearing on behalf of petitioner as well as learned counsel appearing on behalf of the State. Today supplementary affidavit has been filed on behalf of the petitioner enclosing the copy of the decision of the State Government in the Education Department to indicate that the pay-scale for the Assistant of the college and University has been fixed at Rs.5500/- 9000/- and as such submitted that the husband of the petitioner superannuated as Assistant and as such he was entitled to fixation of pensionary benefits on the basis of the pay-scale admissible as Assistant. He further submitted that the respondents have arbitrarily reduced the pay-scale at the time of

Patna High Court CWJC No.23083 of 2012 dt.14-08-2018 2/2 fixation of pension of the husband of the petitioner and in view of the latest decision of the State Government, as contained in Annexure-15 dated 23.06.2014, the respondent University is required to work out the entitlement of the post retiral and other admissible dues of the late husband of the petitioner on the basis of the decision of the State Government, contained in Annexure-15.

In view of the above, this writ petition is disposed of with the direction to the respondent-University to examine the claim of the petitioner in the light of the decision of the State Governed, Anneuxre-15, and if it is applicable then proper necessary corrective measures may be taken by the University in the matter of determination of the admissible pension and other dues. Necessary decision in this regard must be taken by the respondent-University within a maximum period of three months from the date of receipt of a production of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date27/08/2018 Transmission Date NA