Allowed

Dr.saroj Kuamari v. The State Of Bihar and Ors.

Patna HC30 Jul 2012CWJC/13513/2012

Case brief

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What is this about?

Petitioner retired employee sought payment of pensionary dues and arrears based on 6th pay revision and 50% D.A. merger. Court directed respondents to ensure payment of dues including leave encashment and gratuity within four months, requiring state fund release if necessary.

What did the court decide?

Direction to respondents to ensure payment of pensionary dues, including pension, gratuity, leave encashment, and arrears of difference within four months.

Dr.saroj Kuamari Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.13513 of 2012

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====================================================== Dr.Saroj Kuamari W/O Late Vyasmuni Singh Arvina Apartment, Flat No. 301, Nageshwar Colony, P.S. - Budha Colony, District - Patna

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.... .... Petitioner/s

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Versus

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The State Of Bihar, through the Principal Secretary, Department Of Education, Govt. Of Bihar

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The Veer Kunwar Singh University, Ara through its Vice Chancellor

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The Registrar Veer Kunwar Singh University, Ara

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The Finance Officer, Veer Kunwar Singh University, Ara

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : M/s. Sushil Kumar Singh,Vivek Kumar Singh and Ajay Kumar Singh For the State : Mr. Bibhakar Tiwary AC to SC-21

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR

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DATTA ORAL ORDER

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2 30-07-2012 Heard learned counsel for the petitioner and learned counsels for the respondent- Veer Kunwar Singh University and for the State.

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The petitioner who retired on 31.8.2009 seeks payment of her pensionary dues and arrears of pension on the basis of 6^th pay revision with effect from 1.1.2006 as also after granting her the benefit of 50% D.A. merger with effect from 1.1.2005 including the calculation of the leave encashment and

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Patna High Court CWJC No.13513 of 2012 (2) dt.30-07-2012

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2 / 2

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S.Pandey/-

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gratuity on that basis.

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The issues raised by the petitioner have been settled by several decisions of this Court and there can hardly be any issue that the respondent-University is liable to pay pensionary dues, i.e., pension, gratuity, leave encashment in terms of the 50% D.A. merger with effect from 1.1.2005 and the 6^th UGC pay revision with effect from 1.1.2006.

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In the above circumstances, the writ application is disposed of with a direction to the respondents to ensure that the petitioner is paid her pensionary dues in terms of the merger of 50% D.A. from 1.1.2005 and 6^th UGC pay revision with effect from 1.1.2006 including arrears of difference of pensionary dues within a period of four months from today.

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In case the funds for the said purpose have not been released by the State Government then requisition for the same should be made before the Principal Secretary, Human Resources Development Department, Government of Bihar who shall ensure that the funds are released within four weeks from the requisition.

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(Ramesh Kumar Datta, J)

Dr.saroj Kuamari v. The State Of Bihar and Ors.

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Dr.saroj Kuamari v. The State Of Bihar and Ors.

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