Hari Narayan Trivedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18809 of 2018 ====================================================== Hari Narayan Trivedi, Son of Late Rambalak Trivedi Resident of Village - Ramauli, Police Station - Kalyanpur, District - Samastipur at present Mohalla Ghosh Lane, Samastipur, Police Station - Town, District - Samastipur. ... ... Petitioner

Versus

1.

The State Of Bihar through Commissioner-cum-Secretary, Human Resources Department (Higher Education), Govt. of Bihar, Patna. 2.

The Director, Higher Education, Government of Bihar, Patna. 3.

The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

4.

The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Principal Women's College, Samastipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar, Advocate For the Respondents :

Mr. Kameshwar Kumar -GP17 For the University :

Mr. Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2020 Heard learned counsel appearing on behalf of the petitioner; learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the University. The petitioner has prayed for the following reliefs:- "(i) For a direction to the Respondents to pay to the petitioner the amount of part unutilised leave encashment under limit 300 days in lecturer senior Rs.10,000-15,200/- plus all admissible dues without adjust 131 days of strike period in view of order of Hon'ble Lokayukta and difference amount of unutilised leave encashment of 113 days on account of Lecturer Senior scale and Earn Leave 149 days entry in service book but

Patna High Court CWJC No.18809 of 2018(3) dt.08-06-2020 2/3 no count 12 days Earn Leave per years w.e.f. 27.07.1998 to 31.07.2003 (Annexure-) (ii) For a direction to the respondents to pay to the petitioner the amount of Group Insurance with 12.5% compound interest in accordance with law.

(iii) For a direction to the Respondents to pay to the petitioner for amount of difference of arrear of pension from 01.08.2003 to onwards on accounts of lecturer senior scale Rs.10,00015,200/-. (iv) For a direction to the Respondents to pay the petitioner the amount of D.D.A with 9% interest from the period of 1982 to 1989 in accordance with law.

(v) For a direction to the Respondents to pay to the petitioner the amount of strike period salary 131 days and difference of salary from 27.07.1998 to 31.07.2003 on account of Promotion of Lecturer Senior Scale Rs.10,00015,200/-. (vi) For a direction to the respondents to pay to the petitioner the amount of interest of gratuity and pension by the government circular bearing No. P-C-21-16179/3155 dated 07.11.1981 and pay penal interest upon the entitle dues from the dates they became due till the dates of their respective payment.

(vii) Any other relief(s) to which the petitioner be deemed entitled."

Learned counsel appearing on behalf of the petitioner on instructions would submit that the writ petition may be disposed of with liberty to the petitioner to file a fresh representation before the Vice-Chancellor so that grievance of the petitioner may be appropriately redressed. Considering the aforesaid, the writ petition is disposed of with a liberty to the petitioner to file a fresh representation

Patna High Court CWJC No.18809 of 2018(3) dt.08-06-2020 3/3 before the Vice-Chancellor of the Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga along with a copy of this order within fifteen days and thereafter the Vice-Chancellor is required to take appropriate decision in accordance with law. While taking decision, the Vice-Chancellor is required to consider the issue that other similarly circumstances lecturers have been granted aforesaid reliefs. Necessary decision in this regard shall be taken by the Vice Chancellor within a maximum period of sixty days from the date of filing of the representation. With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U