Disposed

Yadunandan Yadav v. The State of Bihar

Patna HC13 Apr 2023CWJC/14034/2019

Case brief

AI extract

What is this about?

The Hon'ble Division Bench disposed of a writ petition filed by a retired employee seeking interest rate benefits on group insurance and arrears of DA/HRA. The court directed the petitioner to submit a detailed representation with evidence to the university registrar for examination before adjudicating the claim.

What did the court decide?

No substantive relief was granted; the petitioner was directed to file a detailed representation for further examination of the claim.

Yadunandan Yadav Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14034 of 2019

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Yadunandan Yadav Son of Late Siya Yadav Resident of Mohalla- B/15, 1st Floor, School Road, Uttam Nagar, P.S.- Bindapur, P.O.- Uttam Nagar, District- New Delhi (110059).

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... ... Petitioner/s

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Versus

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The State of Bihar Through its Principal Secretary, Human Resources Development Department, 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 L.N.M. University, Kameshwar Nagar, Darbhanga.

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The Finance Officer L.N.M. University, Kameshwar Nagar, Darbhanga.

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

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar, Advocate. For the State : Mr. Vivek Anand Amritesh, AC to SC-28. For the University : Ms. Alka Verma, Advocate. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 13-04-2023

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Heard Mr. Ranjan Kumar, learned counsel appearing

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on behalf of the petitioner; Mr. Vivek Anand Amritesh, learned AC to SC-28 and Ms. Alka Verma, learned counsel for the Lalit Narayan Mithila University.

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Learned counsel appearing on behalf of the petitioner informs this Court that all the retiral dues of the petitioner have been paid by the respondent – Lalit Narayan Mithila University, but 8% interest has been paid to the petitioner on Group Insurance against the terms of the Senate’s decision which had taken in the year 2018. He clarified that the

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Patna High Court CWJC No.14034 of 2019(4) dt.13-04-2023 2/3

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8% interest per annum is applicable from year 2018, whereas the petitioner had retired on 31.03.2008 from the post of Reader (Associate Professor), Department of Philosophy, B.R.B., College, Samastipur. The petitioner is thus entitled for payment of difference of interest at the rate of 12.5% per annum on group insurance and also arrears of DA and HRA for the period from 01.01.2006 to 31.03.2008. He further submits that similarly situated other employees have also been granted said benefit of 12.5% interest per annum on Group Insurance.

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Considering the relief as sought by the petitioner, the petitioner who claims that he is entitled for 12.5% interest per annum on Group Insurance, if so advised, he may file a detailed representation before the Registrar, Lalit Narayan Mithila University bringing on record all the evidences in support of entitlement of interest at the rate of 12.5% per annum on Group Insurance.

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In case it is found that the claim of the petitioner is in accordance with law, the Registrar, Lalit Narayan Mithila University must ensure payment of difference of interest after calculating at the rate of 12.5% per annum along with arrears of D.A. and H.R.A. for the period from 01.01.2006 to 31.03.2008, which is not in dispute, within a period of six weeks from the

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Patna High Court CWJC No.14034 of 2019(4) dt.13-04-2023 3/3

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date of filing of representation.

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The writ petition accordingly stands disposed of.

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(Purnendu Singh, J)

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mantreshwar/-

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Yadunandan Yadav v. The State of Bihar

Case brief

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Yadunandan Yadav v. The State of Bihar

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