Rajiv Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17148 of 2025 ====================================================== Rajiv Sinha Son of Late Mithilesh Kumar Sinha, C/o Late Shadhna Sinha, Resident of 1B, Shriniwas Apartment, Sheopuri, Ranchi, Jharkhand-834008 ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The District Magistrate, Bhagalpur.

3.

The Munger University, Munger through its Registrar. 4.

The Vice-Chancellor, Munger University, Munger. 5.

The Registrar, Munger University, Munger.

6.

The Principal, BRM College, Munger 7.

The Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 8.

The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 9.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 10.

The Controller of Examinations, Tilka Manjhi Bhagalpur University, Bhagalpur.

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

For the Petitioner/s :

Mr. Nikesh Kumar, Adv.

For the State :

Mr. Raghunandan, GA-11 For T.M.B.U.

:

Mr. Ashhar Mustaffa, Adv., Ms. Anita Kumari, Adv.

For Munger University :

Mr. Dr. Anand Kumar, Adv., Mr. Rajan Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Universities.

2. The instant writ petition has been filed for the following reliefs:- "A) For issuance of appropriate writ/writs directing the respondents to ensure release of Gratuity, GIC, Regularisation of Pension and Death cum

2/4 Retiral dues of Late Dr. Prof. Anita Prasad, the then Prof-In-Charge, B.R.M. College, Munger (wife of Petitioner) on account of her death on 14.05.2021.

B) For issuance of appropriate order/direction to the respondents to ensure payment of at least provisional pension and 90% gratuity to the petitioner which they have till date withhold without any rhyme and reason and which is infringement of the service rule.

C) For any other relief/ reliefs;

including payment of cost and interest; to which the petitioner is found entitled under the facts and circumstances of the present case."

3. Learned counsel for the petitioner submits that owing to the death of the wife of the petitioner, who died on 14th May, 2021, the entitlement as against the Gratuity, GIC, regularization of pension and death-cum-retiral dues has till date not been settled, for which the petitioner is said to have filed representation before the University.

4. It has next been submitted that the Registrar, Munger University, Munger in the year 2023 itself had made an effort by writing a letter to the In-charge Principal, B.R.M. College, Munger for sending the requisite documents, for settlement of family pension and pensionary benefits, in favour

3/4 of this petitioner, but nothing is said to have been settled thereafter.

5. It has next been submitted that the vouchers, which was shown to be pending, as against the deceased employee, is said to have been placed for consideration and appropriate no dues certificate, as against such submissions, is still to be issued by the University, which has till date not been issued.

6. On the other hand, learned counsel representing Tilka Manjhi Bhagalpur University, Bhagalpur, has submitted that this petitioner may be directed to file appropriate representation before the Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur, who would be obliged to consider his claim as per the time fixed by this Court.

7. Considering the submissions of the parties, this Court is of the view that this petitioner would be filing appropriate representation, within a period of two weeks from today, with all supportive materials, for adjudication of deathcum-retiral benefits and on submission of such representation within a period of six weeks, entire claim shall be adjudicated and paid to this petitioner, who is said to be the husband of the deceased employee and benefits shall also be extended to him

4/4 within the same time.

8. Needless to say that the Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur, if require, may take assistance of Registrar, Munger University for adjudication of the claim of the petitioner by writing letters to the said University, who would be obliged to cooperate in adjudicate of his claim.

9. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) pravinkumar/- U