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Dr.Chaudhary Raj Rajeshwari Pd v. Veer Kuer Singh University andOR

Patna HC1 Sept 2014CWJC/12019/2008

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What is this about?

The High Court disposed of a writ application filed by a retired petitioner seeking retirement dues. It held authorities must pay dues based on the university-fixed appointment date but granted liberty to approach the Justice S.N. Jha Commission to determine the actual appointment date in a separate proceeding.

What did the court decide?

Respondent authorities to pay unpaid retiral dues within four months from the date of production of order. Petitioner granted liberty to move Justice S.N. Jha Commission regarding actual date of appoi

Dr.Chaudhary Raj Rajeshwari Pd Vs Veer Kuer… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12019 of 2008

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====================================================== Dr. Chaudhary Raj Rajeshwari Prasad Singh, S/o Late Shiv Mangal Singh, Resident of Village – Gangati, P.S. – Dawat, District - Rohtas .... .... Petitioner/s Versus 1. Veer Kuer Singh University at Arrah through its Registrar 2. The Vice-Chancellor, Veer Kunwar Singh University, Arrah 3. The Registrar, Veer Kunwar Singh University, Arrah 4. The Principal, Sri Shanker College, Sasaram .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Tara Nath Jha For the Respondent/s : Mr. Arbind Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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Heard learned counsel for the petitioner and

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03. 01.09.2014

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the counsel for the Veer Kunwar Singh University.

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The Court does not feel any difficulty on a fair position taken by the counsel for the petitioner that atleast he should be paid retiral dues on the basis of the date of appointment of the petitioner fixed by the university.

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If there is any dispute, which remains with regard to the actual date of appointment or shifting the date of appointment by subsequent decision of the university or the claim of the petitioner as to what exactly should be the date that is going to be adjudicated in a separate proceeding.

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Petitioner has liberty to move Justice S. N. Jha Commission with regard to what should be his actual date of appointment and the benefit, which should

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Patna High Court CWJC No.12019 of 2008 (3) dt.01-09-2014

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2/2

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flow from such adjudication, independent of the present writ application.

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So far as retiral claim of the petitioner is concerned, the respondent-authorities has an obligation to ensure that whatever has not been paid after superannuation of the petitioner on the basis of the date of his appointment fixed by the university must now be paid and expedited within a period of four months from the date of production / communication of a copy of this Order.

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Writ application stands disposed off with observation / direction as above.

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(Ajay Kumar Tripathi, J.)

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SKM/-

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Dr.Chaudhary Raj Rajeshwari Pd v. Veer Kuer Singh University andOR

Case brief

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Dr.Chaudhary Raj Rajeshwari Pd v. Veer Kuer Singh University andOR

Case brief

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