Prof. Om Krishna Sinha v. The B. R. A. Bihar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8871 of 2018 =========================================================== Prof. Om Krishna Sinha, S/o Late Brijnandan Prasad, R/o Baghmali, Hajipur, P.S.- Hajipur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The B. R. A. Bihar University through the its Registrar having office at University Campus, Muzaffarpur.

2. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur.

3. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.

4. The State of Bihar through the Principal Secretary Department of Education, Govt. of Bihar, Patna.

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

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner; State and B.R.A. Bihar University (hereinafter referred to as the 'University').

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

"That this is an application for issuance of a writ of mandamus or any other appropriate writ or order or direction to Command the respondents to pay the retiral benefits and other legitimate Claims including pension along with 18% interest per annum from the due date upto the date of payment and also the Cost of this proceeding."

Patna High Court CWJC No.8871 of 2018 dt.14-08-2018 2/2

3. Counter affidavit has been filed on behalf of the University in which the stand is that all admitted retiral benefits have been paid, except for leave encashment, which has been sanctioned.

4. On a categorical query of the Court to learned counsel for the University as to when the amount of leave encashment shall be actually paid to the petitioner, the stand is that the same would be done within two weeks.

5. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the Registrar of the University to ensure that the amount of leave encashment is credited into the account of the petitioner latest within three weeks from today.

6. The Court would only indicate that since the writ petition is being disposed off on the basis of assurance given by learned counsel for the University that the amount would be credited into the account of the petitioner within two weeks, any noncompliance shall entail strict consequences for the officer(s) concerned.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U