Ram Bilas Mahto v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20796 of 2018 ====================================================== Ram Bilas Mahto Son of late Shiv Lal Mahto Resident of Mohalla- Sarda Nagar, Police Station- Rosera, District- Samastipur. ... ... Petitioner/s
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 U.R. College, Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar, Advocate For the State :
Mr.Madanjeet Kumar,, GP-20 For the University Mr. Nadim Seraj,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-07-2020 This matter has been taken up through video conference.
2. The following reliefs as formulated by the petitioner have been claimed in the writ petition- "(i) For a direction to the Respondents to pay to the petitioner the amount of part unutilized leave encashment 173 days under limit 300 days without adjust 131 days of strike period in view of order of Hon'ble Lokayukta as to get earn leave 202 days entry in service book.
2/4 (ii) For a direction to the respondents to pay to the petitioner the amount of Group insurance with 12.5% compound interest.
(iii) For a direction to the Respondents to pay to the petitioner the amount of Difference of Salary from 01.01.1996 to December, 2005 on pay point Rs. 14,940/- because the petitioner has been completed five years' service as a Reader prior to 01.01.1996.
(iv) For a direction to the Respondents to pay to the petitioner the amount of 88 days salary of strike period because Respondents has been deducted 88 days salary of the petitioner and rest 43 days of strike period has not paid to the petitioner as yet.
(v) For a direction to the Respondents to pay to the petitioner the amount of D.A. with H.R.A. from the period of 01.01.2006 to 30.09.2008.
(vi) For a direction to the Respondents to pay to the petitioner the amount of panel interest upon the entitle dues amount 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."
3. At the very outset, learned counsel for the petitioner states that some payments have been made by way of retiral dues of the petitioner. It will therefore suffice if the present writ
3/4 petition is disposed of by granting liberty to the petitioner to file a representation before the appropriate authority for his remaining grievances, and there is no need for going into the detailed merits of the matter.
4. Learned counsel for the respondent-University and for the State appear and have been heard.
5. Having regard to the stand of the petitioner, the writ petition is disposed of, with liberty to the petitioner to file a representation before the Lalit Narayan Mithila University (Respondent no.3) for redressal of his remaining grievances. If any such representation is filed within a period of two weeks hereof, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and in any event preferably within a further period of twelve weeks thereafter.
6. It is also made clear that in view of the ongoing lockdown and Covid-19 pandemic, any correspondence between the parties may be made through email and that the concerned authority shall be at liberty to hear the petitioner through video conference. To enable the same, the petitioner shall furnish his mobile number and e-mail ID to learned counsel appearing on behalf of the University not later than by Wednesday
4/4 08.07.2020, for its onward transmission to the concerned authority.
(Vikash Jain, J) HR/- AFR/NAFR NAFR CAV DATE N/A Uploading Date
07. 07.2020 Transmission Date