Disposed

Keshari Kant Sharma v. the State of Bihar and Ors.

Patna HC23 Oct 2013CWJC/4172/2010

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking arrears of salary. The Court observed that the respondent universities had paid the admissible dues via bank transfer. Consequently, the Court closed the petition but directed the petitioner to approach the Registrar with a representation if further arrears remain unpaid.

What did the court decide?

The writ petition was disposed of as admissible dues were paid.

Keshari Kant Sharma Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4172 of 2010

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====================================================== 1. Keshari Kant Sharma S/O Late Chandra Deep Sharma R/O Deepaytan, Panchmukhi Mandir Marg, West Shivpuri, P.S. Shastri Nagar, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Principal Secretary, Higher Education, Govt. Of Bihar, Patna 2. Jai Prakash University Through Its Vice Chancellor, Chhapra, Distt.Saran 3. Bhim Rao Ambedkar Bihar University Through Its Vice Chancellor, Muzaffarpur 4. The Registrar, Jai Prakash University, Chhapra, Distt.- Saran 5. The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar Mr. Rajesh Ranjan I Mr. Sushil Kumar For the Respondent/s : Mr. (Ga8) Mr. A.B.Sinha Mr. Shivendra Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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Heard learned counsel for the petitioner, learned counsel for the B.R.A. Bihar University, the J.P. University and the State.

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13 23-10-2013

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The petitioner served initially in the B.R.A. Bihar University and thereafter in the J.P University and superannuated with effect from 28.2.2009. After having superannuated from service he filed the present writ petition seeking a direction upon the two respondent Universities to pay arrears of salary for the period from February, 1985 to October, 1992 and November, 1992 to December, 1997. This Court by order dated 5.10.2010 directed

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Patna High Court CWJC No.4172 of 2010 (13) dt.23-10-2013

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the respondents to take appropriate steps in the light of the counter affidavit. This Court would extract the relevant part/portion of the order dated 5.10.2010 which reads as under :-

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“ I, therefore, direct that the payment be made to the extent as admitted in the counter affidavit within a week from today along with interest of 12% per annum from the date payment was due. This would be subject to petitioner’s filing an affidavit raising grievance with regard to the rest of the amount. He would also make a representation in that regard to the Finance Officer of the Jai Prakash University who would consider the same and permit the petitioner to assist him in the matter and pass a detailed speaking order in that regard within 15 days of the representation being filed. If it is found that thereafter some further sum is due to the petitioner, it would be the obligation on part of the Finance Officer to pay the same along with interest at the rate of 12% per annum from the date the liability is due to the date it is paid within two weeks of the order. The order must be communicated to the petitioner who would bring it on record by affidavit before this Court. ”

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A counter affidavit has been filed on behalf of the respondent J. P. University. Mr. Shivendra Kishore, learned counsel for the J.P. University, drew attention of this Court to paras-7 to 16 of the counter affidavit. It has been submitted that a supplementary counter affidavit thereafter has been filed stating status of the payment of admissible dues. He refused to the statements made in paras 6 to 11 thereof.

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Today a second supplementary counter affidavit has been filed on behalf of Respondent Nos. 2 to 4. This Court would extract paras-5 & 6 of the same which read as under :- “ Para-5 – That the amount payable at pay

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Patna High Court CWJC No.4172 of 2010 (13) dt.23-10-2013

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point Rs. 14940/- and amount paid without pay point Rs. 14940 was calculated in the University and it was found that a sum of Rs. 3,85,270/- was payable on pay point Rs. 14940/- and a sum of Rs.2,59,049/- was paid to the petitioner without pay point Rs. 14940/- for the period 01.01.1996 to March 2000 as such a sum of Rs. 1,26,221/was found payable which was paid to the petitioner through Bank transfer voucher bearing letter No. A/C 304 dated 20.07.2013.

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Para-6 – That it is stated that all pre/post retirement benefit of the petitioner has already been paid and the grievance of the petitioner from J.P. University Chapra has already been redressed as such writ application be disposed of accordingly.”

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Having perused the statement made in the supplementary counter affidavit, it appears that the respondentuniversities have taken steps inasmuch as the admissible dues on account of arrears of salary have been paid to the petitioner.

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Learned counsel for the petitioner submits that earlier different stand was taken by the Universities as reflected from para-14 of the supplementary counter affidavit.

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Be that as it may, considering the fact that admissible dues as per the respondent-university are said to have been paid to the petitioner, this Court is inclined to close the present writ petition. If the petitioner is not satisfied with the payment made to him, as disclosed in the diverse affidavit filed on behalf of the University, he would be at liberty to approach the Registrar of the concerned University for payment thereof by filing appropriate representation. If any such representation is filed, I am sure, the concerned authority of the University shall consider and dispose of the same in accordance with law as early as possible

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Patna High Court CWJC No.4172 of 2010 (13) dt.23-10-2013

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preferably within a period of eight weeks from the date of filing such representation.

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This writ application stands disposed of.

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(Kishore Kumar Mandal, J)

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sudip/-

Keshari Kant Sharma v. the State of Bihar and Ors.

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Keshari Kant Sharma v. the State of Bihar and Ors.

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