Ram Chandra Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21744 of 2018 ====================================================== Ram Chandra Thakur Son of Late Niras Thakur, Resident of Village- Bhirha, P.S.- 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, Govt. 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 For the Respondent/s :

Ms. Shilpa Singh- Ga12 Ms. Abhanjalli, AC to GA12 Mr. Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2021 Heard Mr. Ranjan Kumar, learned counsel for the petitioner, learned A.C. to G.A.-12 for the State and Mr. Shailesh Kumar, learned counsel for the Lalit Narayan Mithila University, Darbhanga.

Learned counsel for the petitioner submits that petitioner has retired from the post of "Accountant" on 31-07-2013. He further submits that petitioner is being paid his pension on the revised scale of A.C.P. / M.A.C.P. of Rs. 9300-34800/- with grade pay of Rs. 5400/- with effect from March, 2018 but the

Patna High Court CWJC No.21744 of 2018(13) dt.02-12-2021 2/3 arrears of pension in the revised scale, revised gratuity, revised earn leave, group insurance with interest @ 12.5% and difference of salary due to pay revision with effect from March, 1989 till 31-07-2013 have not been paid to the petitioner by the University as yet .

Learned counsel for the University submits that petitioner is entitled to be paid the arrears of pension, arrears of salary, arrears of gratuity and arrears of earn leave in the revised scale of A.C.P. / M.A.C.P. which shall be paid to the petitioner within a period of three months. However, with regard to the group insurance, learned counsel for the University submits that the Syndicate of the University on 20th September, 2018 has taken a decision to pay interest upon group insurance @ 8% and the same has been paid to the petitioner . In reply, learned counsel for the petitioner submits that this Court in similar matter bearing C.W.J.C. No. 249 of 2021 has passed order directing the University to pay group insurance with interest upon it @ 12.5% on the ground that petitioner had retired prior to the decision taken by the Syndicate.

After having heard learned counsel for the parties and taking into consideration the fact that in the case of similarly

Patna High Court CWJC No.21744 of 2018(13) dt.02-12-2021 3/3 situated person, who retired prior to the decision of the Syndicate it has been directed to pay interest upon group insurance @ 12.5% and petitioner in this case has retired on 3107-2013 i.e. prior to the decision of the Syndicate to pay interest @ 8% upon group insurance, I direct the respondent - Lalit Narayan Mithila University, Darbhanga to pay the balance amount towards group insurance after calculating interest @ 12.5% within the aforesaid period of three months. With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Sinha, J) praful/- U