Mohan Mahato, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24464 of 2019 ====================================================== Mohan Mahato, (Male), aged about 63 years, son of Sahdeo Mahto, Resident of village- Bishunpur Bakhri, P.S. Sakra, District- Muzaffarpur, the retired Lab Boy, Uma Pandey College, Pusa, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education, Government of Bihar, Patna. 4.

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

5.

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

6.

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

7.

The Principal, Uma Pandey College, Pusa, District- Samatipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Singh, Advocate.

For the State :

Mr.Jitendra Kumar Roy 1, S.C. 13.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsels for the parties.

The following reliefs have been sought for on behalf of the petitioner in the present writ application. " 1(I) For issuance of an appropriate writ in the nature of MANDAMUS,

Patna High Court CWJC No.24464 of 2019(3) dt.22-06-2020 2/3 commanding and directing the Respondent Authorities to make payment of pensionary benefits like pension, gratuity, earned leave and other admissible dues such as salary pursuant to the revision of pay made by the Respondent University in the year 2017 whereby and where under the petitioner was granted the pay-scale of Rs. 2650-4000 with effect from 01.01.1996 and the pay-scale of Rs.

2750-4400 with effect from 09.08.1999 on account of grant of benefits of first A.C.P., the pay-scale of Rs.

3050/45900 with effect from 13.02.2000 on account of grant of benefits of second A.C.P., the pay-scale of Rs. 5200/20200 Grade Pay-2000 with effect from 01.01.2006 and the pay-scale of Rs. 5200/20200 with effect from 01.01.2009 on account of Grant of M.A.C.P.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to make the payment of Group Insurance to the petitioner.

(III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to make the payment of differences of aforesaid amount on revision of pay-scale with interest on the ground that delay in payment on account of revision of payscale is directly attributable on the part of the Respondents."

Considering the reliefs sought for in the present writ application, the petitioner is directed to file/make an appropriate representation before the concerned authority for redressal of his

Patna High Court CWJC No.24464 of 2019(3) dt.22-06-2020 3/3 grievance, if any.

In case, any such representation is filed/made by the petitioner before the concerned authority, the concerned authority shall consider the representation of the petitioner and pass an appropriate order, in accordance with law, within a period of four months, from the date of filing/making of such representation.

The said concerned authority shall be under obligation to make payment of admitted dues, if any, of the petitioner. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U