Disposed

Rameshwar Prasad v. the State of Bihar and Ors.

Patna HC11 Dec 2012CWJC/87/2011

Case brief

AI extract

What is this about?

Petitioner, a superannuated employee, sought service and retirement dues. This court issued an order directing the respondents to comply with the petitioner's demands within three months, noting that arrears and pending gratuity were partially paid and the balance remains contingent on audit/funds.

What did the court decide?

Order directed respondents to comply with petitioner's demands for dues within three months from date of receipt.

Rameshwar Prasad 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 Civil Writ Jurisdiction Case No.87 of 2011

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====================================================== 1. Rameshwar Prasad S/O Late Haricharan Prasad Resident Of VillageMahiarpur, P.S- Tikari, District- Gaya(Bihar), Presently Residing At A- 364(A), A.G. Colony, P.S- Shastri Nagar, District- Patna.

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar Through The Cheif Secretary, Govt. Of Bihar, Old Secretariate Building, Patna.

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The Principal Secretary, Human Resources Development Department (Higher Education Department), New Secretariat Building, Patna. 3. The Director Higher Education, Govt. Of Bihar, New Secretariate Building, Patna.

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The Magadh University, Through Its V.C., Bodh Gaya.

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The Registrar, Magadh University, Bodh Gaya.

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The Financial Adviser, Magadh University, Bodh Gaya.

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The Finance Officer, Magadh University, Bodh Gaya.

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The Principal, R.L.S.Y., College, Bakhtiarpur, Patna.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kishore Verma For the Respondent/s : Mr. Neeraj Nandan Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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4 11-12-2012 Learned counsel for the petitioner, the State and the University.

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The petitioner superannuated on 31.3.2009 from a college at Bakhtiyarpur under the respondent University. He seeks his service and retiral dues.

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The counter affidavit of the University states that his outstanding dues from 10.3.1998 and difference of salary from 1.1.1996 consequent to the U.G.C. pay scale was examined by the audit team of the State Government. It found admissible a sum of Rs.11,49,236/-. Initially a sum of

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Patna High Court CWJC No.87 of 2011 (4) dt.11-12-2012

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Rs.2,19,887/- was paid and subsequently on 24.9.2010 a sum of Rs.6,64,751/- has been paid by cheque. The balance of Rs.2,64,598/- shall be paid no sooner that funds are received from the State Government. His pension in the revised pay scale has been fixed at Rs.8,248/- and admissible relief granted with effect from 1.4.2009 through pension payment order dated 31.5.2009. Rs.3,50,000/- has been found admissible as gratuity and paid through cheque dated 31.5.2009. Earned leave encashment for 178 days has been sanctioned on 13.7.2009. Bill claims for earned leave have been forwarded by the College and placed before the audit team. The legitimate payment shall be made no sooner the recommendation of the audit team is received.

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Learned counsel for the petitioner next submits that certain deductions were made from his salary as employees’ contribution towards Provident Fund and Group Insurance. No payment has been made under that head. He next submits that the University may furnish a statement of accounts for the manner in which calculation of his due has have been done. Any dispute regarding payments made and those pending consideration are required to be finalized and ensured payment jointly by the State Government and the University. The answerability for compliance shall rest with the Vice Chancellor/In-charge Vice Chancellor and the Principal Secretary of the Department. The petitioner is a

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Patna High Court CWJC No.87 of 2011 (4) dt.11-12-2012

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retired employee with no other source of income except pension and his demands have to take preference over those earning full salary in service.

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If the petitioner has any further grievances, he shall be at liberty to raise the same before the University Authorities who are required to consider the same also.

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The order to be complied with in its entirety within a maximum period of three months from the date of receipt/production of a copy of this order.

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The application is disposed.

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(Navin Sinha, J)

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K.C.jha/-

Rameshwar Prasad v. the State of Bihar and Ors.

Case brief

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Rameshwar Prasad v. the State of Bihar and Ors.

Case brief

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