Disposed

Braj Nandan Singh v. The Veer Kuer Singh University, Ara

Patna HC3 May 2023CWJC/1194/2023

Case brief

AI extract

What is this about?

Petitioners filed a writ seeking retiral dues and pension arrears. The University counsel undertook to pay within six weeks if funds were available. This Court directed the Registrar to hold a detailed hearing within six weeks and decide entitlement within that period.

What did the court decide?

Directed the Registrar to hold a reasoned hearing on the claim within six weeks and direct payment within two weeks if the petitioner is entitled.

Braj Nandan Singh Vs The Veer Kuer Singh… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1194 of 2023

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Braj Nandan Singh Son of Late Bhagwan Singh Resident of New Area (Employment Exchange Gali), Dehri, Ward No. 18, Post Office- Dalmianagar, District- Rohtas, PIN- 821305.

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... ... Petitioner/s

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Versus

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The Veer Kuer Singh University, Ara through its Registrar, Ara University Campus at Ara, District - Bhojpur.

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The Vice-Chancellor, Veer Kuer Singh University, Ara, University Campus at Ara, District- Bhojpur.

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The Finance Officer, Veer Kuer Singh University, Ara, University Campus, District- Bhojpur.

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The Principal, Jawahar Lal Nehru College, Dehri-on-Sone at Dehri, DistrictRohtas, PIN- 821307.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Bihari Singh, Advocate. For the University : Mr.Kinkar Kumar, Advocate. Mr. Ashutosh Kumar Upadhyaya, Advocate.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 03-05-2023

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Heard Mr. Binod Bihari Singh, learned counsel

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appearing on behalf of the petitioner and Mr. Kinkar Kumar, learned counsel along with Mr. Ashutosh Kumar Upadhyaya, learned counsel for the Veer Kuer Singh University, Ara.

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The petitioner has filed the present writ

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application for the following reliefs:

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(a) For issuance of an order / direction by issuing appropriate writ / writs to the Respondents to pay the retiral dues against arrears of difference of salary since 30.08.1992 (date of promotion from Reader to University Professor) to 31.07.2009 (date of superannuation) and dues against difference of pension and D.A. for the period from 01.08.2009 to January, 2016 in terms of Annexure-3 and 4 respectively to the petitioner along with suitable interest on it.

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Patna High Court CWJC No.1194 of 2023 dt.03-05-2023 2/3

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Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of six weeks.

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In the meantime, the Vice Chancellor of the University must ensure that the Registrar of the University takes all the serious steps for making payment of the retiral dues admissible to the petitioner within a period of six weeks.

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At this stage, the learned counsel appearing on behalf of the University informs this Court that the University is stressed due to non-availability of fund and if it is true, the Vice Chancellor and the Registrar of the University should personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

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The petitioner, if so advised, may file a detailed representation before the Registrar, Veer Kuer Singh University, Ara by adducing all the relevant evidences in support of his claim.

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The Registrar, Veer Kuer Singh University, Ara is directed to pass a reasoned order considering the representation

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Patna High Court CWJC No.1194 of 2023 dt.03-05-2023 3/3

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of the petitioner and hold that as to whether the petitioner is entitled to the claim as made in the present writ petition within a period of six weeks. If the petitioner is found to be entitled for his claim as sought in the present writ petition, the same is required to be paid to the petitioner not beyond a further period of two weeks.

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It goes without saying that petitioner is also entitled for interest on delayed payment.

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With the above observation/direction, the present writ petition is disposed of.

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(Purnendu Singh, J)

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mantreshwar/-

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AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 10.05.2023 Transmission Date N.A.

Braj Nandan Singh v. The Veer Kuer Singh University, Ara

Case brief

What is this about?

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Braj Nandan Singh v. The Veer Kuer Singh University, Ara

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