Hirawati Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19559 of 2018 ====================================================== Hirawati Kumari Wife of Late Baidyanath Prasad Dubey, Resident of VillageKaithi, Police Station- Aukhori Gola, District- Rohtas Bihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Vice Chancellor, Veer Kuer Singh University, Ara. 3.
The Registrar, Veer Kuer Singh University, Ara. 4.
The Finance Officer, Veer Kuer Singh University, Ara. 5.
The Principal, Shershah College, Sasaram.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhanendra Chaubey For the State :
Mr.AC to GA-12 For the University :
Mr. Arbind Nath Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-06-2020 Heard learned counsel for the petitioner and the State as well as the University.
The petitioner has filed the present writ petition for a direction to the respondents to fix the pension and gratuity on the basis of promotion, amount of leave encashment and difference of pay due to the promotion of her deceased husband from the post of Assistant Professor to the post of Associate Professor with statutory interest and further to pass any order for which the petitioner is found entitled to.
The husband of the petitioner died in harness on 5.3.2013. Thereafter the petitioner had approached this Court in
Patna High Court CWJC No.19559 of 2018(2) dt.09-06-2020 2/3 CWJC No. 9074 of 2016 which was disposed of on 9.11.2017. The petitioner has once again approached this Court by this writ petition for redressal of grievance with regard to non-payment of retiral dues.
Mr. Arbind Nath Pandey, learned counsel appearing on behalf of the Veer Kuer Singh University, on instruction, submits that the petitioner has been paid post retiral dues. Family pension has fixed and other lawful dues have been paid to the petitioner.
Learned counsel for the petitioner submits that he has no instruction. He submits that there is no counter affidavit on record.
Considering the submission at the bar, the present writ petition is disposed of with liberty to the petitioner to represent the Vice-Chancellor of the University along with a copy of this order in the event any of the grievance relating to post retiral dues has not been properly addressed by the University. On filing such representation the University shall pass reasoned and speaking order.
It goes without saying that the Vice-Chancellor of the University shall ensure payment thereof within a month. In the event any further fund is required or any formality is required to
Patna High Court CWJC No.19559 of 2018(2) dt.09-06-2020 3/3 be done at the level of the Department of Higher Education, the same shall be done by the authorities of the Higher Education Department within the time frame indicated hereinabove so that the grievance of the petitioner is finally redressed. With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) spandey/- U