Siya Ram Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24260 of 2019 ====================================================== Siya Ram Jha S/o Deonarayan Jha Resident of Janta Flat No. ER-176, Bahadur Housing Colony, Bhuthnath Road, P.s.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna 3.

The Vice Chancellor Patna University, Patna 4.

The Registrar Patna University, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Adv.

For the State :

Mr. Madhukar Mishra, AC to SC-16 For Patna University :

Mr. Mrigank Mauli, Sr. Adv., Mr. Manish Dhari Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 22-08-2023 Heard Mr. Sudhir Kumar, learned counsel appearing on behalf of the petitioner, Mr. Madhukar Mishra, learned counsel appearing on behalf of the State and Mr. Mrigank Mauli, learned senior counsel assisted by Mr. Manish Dhari, appearing on behalf of the respondents.

2. Considering the fact that post retiral dues has been paid to the petitioner in accordance with law and in support of the said fact learned counsel appearing on behalf of the University has produced a calculation chart in the Court duly signed by the

Patna High Court CWJC No.24260 of 2019 dt.22-08-2023 2/3 Officers of the Patna University including the Registrar, Patna University.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner seeks to file detail representation before the Registrar, Patna University, for claiming any extra dues amount, which has not been paid to the petitioner along with statutory interest, on account of delay in making payment of dues amount under different heads, from the date the petitioner is entitled for receiving the same.

4. So far as the issue relating to grant of pension of the petitioner is concerned, the same requires challenge to the notification dated 07.08.2020, which has been made retrospective w.e.f. 01.09.2005.

5. The representation of the petitioner must be dealt with in accordance with law and all the remaining dues must be paid to the petitioner within a period of six weeks from the date of filing of the representation along with statutory interest on account of delay in making payment of retiral dues in accordance with the law as laid down by the Hon'ble Apex Court in case of State of Kerala Vrs. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari Vrs. Uttar Haryana Bijli reported in (2014) 8 SCC 894.

Patna High Court CWJC No.24260 of 2019 dt.22-08-2023 3/3

6. With the above observation and direction the writ petition stands disposed of.

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