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Esha Sinha v. The B.r.ambedkar Bihar University and Ors.

Patna HC26 Oct 2018CWJC/23501/2012

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What is this about?

In a writ petition filed in 2012 for arrears of salary to the petitioner's deceased husband, the Patna High Court disposed of the matter on a direction to the University to pay dues within four months due to the respondent's failure to file a counter affidavit, and imposed 9% interest for delayed payment.

What did the court decide?

Direction to pay arrears within 4 months with 9% interest if unpaid.

Esha Sinha Vs The B.r.ambedkar Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23501 of 2012

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

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Esha Sinha W/O Late Ajit Kumar Sinha R/O Mohalla- Kalayani, Kedarnath Road, P.O.+P.S.- Muzaffarpur, District- Muzaffarpur

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... ... Petitioner/s

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Versus

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The B.R.A. Bihar University, Through The Registrar Of The University, Muzaffarpur

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The Vice-Chancellor The B.R.A. Bihar University, Muzaffarpur

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The Registrar, The B.R.A. Bihar University, Muzaffarpur

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The State Of Bihar Through The Principal Secretary HRD Deptt., Government Of Bihar

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad No.-1 For the Respondent/s : Mr. Yogendra Pd. Sinha For the State : Mr. Rakesh Ambastha, AC to AAG 5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 26-10-2018

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The instant writ application was filed in 2012 with two advance copies to the respondents. Unfortunately, even after six long years no counter affidavit has been filed on behalf of the University. On behalf of the State, formality has been completed by filing affidavit shifting buck on the University authorities in the matter of payment of arrears of salary to the late husband of the petitioner.

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With the passage of time, there is communication gap between the petitioner’s counsel and the petitioner and as such the learned counsel representing the petitioner is not in a position to make any positive statement whether the entire payment has been made or not.

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Patna High Court CWJC No.23501 of 2012(3) dt.26-10-2018 2/2

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In the absence of any counter affidavit on behalf of the University, the Court is constrained to dispose of this writ application with a direction to the University to ensure payment of all the admissible dues to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order. If any amount admissible to the petitioner is not paid within the time frame prescribed hereinabove, the arrears will carry interest @ 9% from the date of filing of the writ application, i.e. 17.12.2012, till the date of actual payment and the amount of interest shall be borne by the Vice-Chancellor and the Registrar of the respondent-University, if not already paid.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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mrl./-

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Esha Sinha v. The B.r.ambedkar Bihar University and Ors.

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Esha Sinha v. The B.r.ambedkar Bihar University and Ors.

Case brief

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