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Ajay Kumar Chaudhary v. The State of Bihar

Patna HC6 Jan 2020CWJC/23230/2019

Case brief

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What is this about?

In a civil writ petition, the petitioner, a university employee, sought monetary relief for gratuity arrears, pension, unutilised leave encashment, and salary arrears. The Court disposed of the petition without prejudice

What did the court decide?

Disposed of the writ petition with liberty to file a detailed representation before the Registrar of the University for verification and reasoned order within one month.

Ajay Kumar Chaudhary Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23230 of 2019

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Ajay Kumar Chaudhary Son of late Damodar Choudhary, Resident of Mohalla- Jayaj Patti, P.S. Dalsingsarai, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Commissioner-Cum-Secretary Human Resources Department (Higher Education), Govt. of Bihar, Patna.

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The Director, Higher Education, Govt. of Bihar, Patna.

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The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

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The Vice-Chancellor, Lalit Narayan Mithila Universirty Kameshwar Nagar, Darbhanga

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The Finance Officer, Lalit Narayan Mithila Universirty Kameshwar Nagar, Darbhanga

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The Principal, R.B. College, Dalsingsarai, Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the State : Smt. Binita Singh, SC 28 with Mr. Vivek Anand Amritesh, AC to SC 28 For the University : Mr. Md. Nadim Seraj, Advocate

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date : 06-01-2020

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Heard learned counsel for the petitioner; learned AC

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to SC 28 for the State and learned counsel for the L N Mithila University (hereinafter referred to as the ‘University’).

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The petitioner has moved the Court for the following reliefs:

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“ i. For a direction to the Respondents to pay to the petitioner the difference amount of gratuity in basic pay Rs. 40,400/- (Grade Pay Rs. 7,600/-) on account of A.C.P./M.A.C.P. Scale Rs.

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Patna High Court CWJC No.23230 of 2019 dt.06-01-2020 2/3

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15,6000-39,100/-.

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ii. For a direction to the respondents to pay to the petitioner the Difference amount of Unutilised leave encashment 300 days on basic pay Rs. 40,400/- (Grade Pay Rs. 7,600/-) on account of A.C.P./M.A.C.P. Scale.

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iii. For a direction to the Respondents to pay to the petitioner the amount of Part G.I. with 12.5% compound interest.

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iv. For a direction to the Respondents to pay to the petitioner the amount of arrear of pension from 01.04.2016 to February 2018 on basic pay Rs. 40,400/- (Grade Pay Rs. 7,600/-) on account of A.C.P./M.A.C.P. Scale.

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v. For a direction to the Respondents to pay to the petitioner the amount of D.D.A. with 9% interest from 1982 to 1989 in accordance with law.

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vi. For a direction to the Respondents to pay to the petitioner the amount of Difference of Arrear of salary March 1989 to March, 2016 on account of A.C.P./M.A.C.P. Scale.

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vii. For a direction to the Respondents to pay to the petitioner the amount of interest of gratuity and pension by the Government circular bearing No. P-C-21-16179/3155 dated 07.11.1981 any pay penal interest upon entitle dues from the dates they became due till the dates of their respective payment.

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viii. Any other relief(s) to which the petitioner be deemed entitled.”

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Learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to file detailed representation before the Registrar of the University who be directed to dispose off the same.

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Learned counsel for the respondents do not oppose.

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Patna High Court CWJC No.23230 of 2019 dt.06-01-2020 3/3

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In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the Registrar of the University. If the same is done within four weeks from today, the Registrar of the University shall get the same verified from the official records and pass a reasoned order, in accordance with law, within one month from the date of filing of such representation. If anything is found due and payable, the same shall also be paid to the petitioner within three weeks from passing of the order.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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AFR/NAFR U

Ajay Kumar Chaudhary v. The State of Bihar

Case brief

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Ajay Kumar Chaudhary v. The State of Bihar

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