Parmeshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17564 of 2022 ====================================================== Parmeshwari Devi, Wife of Late Dr. Naresh Mohan Jha, Resident of MohallaSarkus Compound Ward No.6 Goshala Chowk Madhubani, Police StationMadhubani Town, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Higher Education, Government of Bihar, Patna 2.

The Vice-Chancellor of L. N. Mithila University, Darbhanga. 3.

The Registrar, L. N. Mithila University, Darbhanga. 4.

The Finance Officer, L. N. Mithila University, Darbhanga. 5.

The Principal, R. K. College, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Bhagat, Advocate For the Respondent/s :

Mr. Prabhakar Jha, GP- 27 For the University :

Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-02-2024 Heard Mr. Arun Kumar Bhagat, learned counsel for the petitioner and Mr. Kinkar Kumar, learned counsel representing the L.N. Mithila University, Darbhanga.

2. In compliance with the direction of this Court, the Registrar of the Lalit Narayan Mithila University, Darbhanga (hereinafter referred to as 'the University') is present.

3. Mr. Kinkar Kumar, learned counsel representing the University informed this Court that there is no Finance Officer in the University at present and as per his information the posting of the Finance Officer shall be made within one or

Patna High Court CWJC No.17564 of 2022 dt.06-02-2024 2/3 two weeks.

4. A counter affidavit has been filed across the Board and the same is taken on record.

5. Referring to the statements made in the counter affidavit, submission has been made on behalf of the University that all the substantive amount, including the family pension, has been paid to the petitioner. However, so far the difference on account of 7th Pay Revision as well as certain arrears to the tune of Rs.9,06,782/-, as calculated on the basis of Pay Verification Cell, is concerned, the same shall be paid to the petitioner as soon as the Finance Officer would submit his joining in the University. The Registrar of the University also undertakes before this Court that the admissible calculated amount shall be credited in the account of the petitioner, within a week, the Finance Officer shall join on his post.

6. It is further submitted that so far the claim of the petitioner in respect to payment of arrears accrued against D.A. and H.R.A. for the period from 01.01.2006 to 31.03.2010, in the light of 6th Pay Revision is concerned, the same is not payable in the light of the order of the State Government, as contained in letter No.14/Mu/13-88/2019-1590 dated 20.10.2022.

7. Considering the submissions advanced on behalf

Patna High Court CWJC No.17564 of 2022 dt.06-02-2024 3/3 of the University and the undertaking given before this Court by the Registrar of the University, the present writ petition stands disposed of with a hope and expectation that the admissible calculated amount shall be paid to the petitioner, in terms of the undertaking given by the Registrar of the University.

8. It is needless to observe that if the petitioner shall have any other grievance, either in relation to calculation or non-payment of any due under any head, she shall be at liberty to file proper representation before the Registrar of the University, who will look into the grievance of the petitioner.

9. This disposes the writ petition.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2024 Transmission Date NA