Disposed

Abdul Majid v. The State of Bihar

Patna HC16 Sept 2021CWJC/5425/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking post-retirement benefits. Instead of directing payment, the court directed the petitioner to submit a fresh representation to the Registrar, the competent authority for non-teaching staff, with strict timelines for disposal and payment. This is a thin order with no substantive legal principle.

What did the court decide?

Direction to file fresh representation before Registrar within 4 weeks; disposal of representation within 3 months; payment of dues within 1 month after disposal.

Abdul Majid Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5425 of 2021

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Abdul Majid son of Late Gulam Rasool resident of Village- Masahi, Ward No. 2, P.S. Chauradano Jitpur, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

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The Vice- Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur.

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

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The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur.

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The Finance Officer, Bhim Rao Ambedkar Bihar University, Muzaffarpur.

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The Principle, M.S. College, Motihari, East Champaran.

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The Accountant General, Bihar, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Devi Das Srivastava For the Respondent/s : Mr. Mrityunjay Kumar, Adv. Mr. Abhanjali, AC to GA- 12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 16-09-2021 Heard Mr. Devi Das Srivastava, learned counsel for

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the petitioner, Mr. Mrityunjay Kumar, learned counsel for the B.R.A. Bihar University, Muzaffarpur and Ms. Abhanjali, learned A.C. to Govt. Advocate -12 for the State through video conferencing.

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The petitioner has filed the present writ application for a direction to the respondent-University to pay his post retiral benefits viz. pension, gratuity, GPF, leave encashment, arrears of salary etc.

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Learned counsel for the petitioner submits that during

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Patna High Court CWJC No.5425 of 2021(3) dt.16-09-2021 2/3

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pendency of this writ application the amount towards GPF has been paid but other dues are yet to be paid to the petitioner. Learned counsel next submits that petitioner has filed a detailed representation before the Vice-Chancellor, B.R.A. Bihar University (Annexure 5 to the writ petition) and in the interest of justice the Vice Chancellor may be directed to dispose of the representation filed by the petitioner in accordance with law.

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Learned counsel for the University submits that petitioner retired from a non teaching post (Peon) and for the non teaching employees, the Registrar of the University is the competent authority to dispose of the representation. Accordingly, petitioner may be directed to file a fresh representation before the Registrar, B.R.A. Bihar University, Muzaffarpur which shall be disposed of by him in accordance with law.

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Regard being had to the submissions made by the parties, the petitioner is directed to file a fresh representation before the Respondent No. 4 i.e. Registrar, B.R.A. Bihar University, Muzaffarpur within a period of four weeks and if such representation is filed by the petitioner, the Registrar, B.R.A. Bihar University, Muzaffarpur - Respondent No. 4 is directed to dispose of the same by a reasoned order within a

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Patna High Court CWJC No.5425 of 2021(3) dt.16-09-2021 3/3

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further period of three months from the date of receipt of the representation.

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Needless to say that if any amount is found payable to the petitioner, the same shall be paid within a period of one month from the date of disposal of the representation.

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With the aforesaid observation and direction, the present writ petition stands disposed of.

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(Anil Kumar Sinha, J)

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praful/-

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Abdul Majid v. The State of Bihar

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Abdul Majid v. The State of Bihar

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