Kamlesh Kumar Tiwary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 12171 of 2018 =========================================================== Kamlesh Kumar Tiwary, S/o Late Paras Nath Tiwary, Resident of Village- Bihari Mill, Near Byapar Mandal, Ara, P.S.- Nawada, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Higher Education, Government of Bihar, Patna.
2. The Vice Chancellor, Veer Kunwar Singh University, Ara.
3. The Registrar, Veer Kunwar Singh University, Ara.
4. The Finance Officer, Veer Kunwar Singh University, Ara.
5. The Pension Officer, Veer Kunwar Singh University, Ara. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Dubey, Advocate For the V.K.S.U.
:
Mr. P. K. Verma, Sr. Advocate Mr. Nutan Sahay, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-09-2018 Heard learned counsel for the petitioner; State and Veer Kunwar Singh University (hereinafter referred to as the 'University').
2. The petitioner has moved the Court for the following reliefs:
"(i) For issuance of writ directing the respondents to pay the rest amount of gratuity Rs. 88920/- and E.L. Rs. 68400/- with compound interest @ 12%.
(ii) For issuance of writ commanding the respondent authorities to pay Rs. 3,95,704/- as arrears of different of salary for the period of April, 2007 to April, 2014 with 12% interest for delayed payment. (iii) For that direction may be issued to pay the amount of group insurance with compound interest @ 12% which calculation is Rs. 2,25,315/-.
(iv) Any other relief / reliefs may also be
Patna High Court CWJC No.12171 of 2018 dt.25-09-2018 2/3 granted for which the petitioner may be deemed entitled to."
3. From the pleadings on record and the stand taken today by Mr. Prabhat Kumar Verma, learned senior counsel appearing for the University is that with regard to ACP/ MACP dues, a list of 72 persons of H.D. Jain College, from where the petitioner also retired, has been prepared and sent to the Vice Chancellor of the University and actual payment would be made shortly. With regard to other claims, learned counsel for the University has clarified that in terms of the grant of ACP/MACP there will be an automatic consequential revision with regard to various payments made including Pension, Gratuity, Earned Leave Arrears etc.
4. On the specific query of the Court as to the time frame when such payment shall be made, learned counsel for the University submitted that the same shall be done within two weeks.
5. Having regard to the fair stand taken on behalf of the University, the Court is inclined to grant some further time for such payment.
6. Accordingly, the writ petition stands disposed off with a direction to the University to ensure that payments as detailed above be paid to the petitioner expeditiously and latest within a period of two months from the date of production of a copy of this order before the Registrar of the University.
Patna High Court CWJC No.12171 of 2018 dt.25-09-2018 3/3
7. The Court would only indicate that as the time fixed for payment is much beyond what was asked for, any non compliance would result in serious consequence. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U