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Kedar Nath Singh v. The State of Bihar

Patna HC11 May 2023CWJC/5940/2023

Case brief

AI extract

What is this about?

Petitioner, a retired typist, sought unpaid G.P.F., leave encashment, insurance, pension, and gratuity. The court directed the University to adjudicate the representation within six weeks, with payment within two weeks if entitled.

What did the court decide?

Petitioner to file comprehensive representation; Registrar to adjudicate within six weeks; payment of benefits and interest within two weeks if due.

Kedar Nath Singh 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.5940 of 2023

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Kedar Nath Singh Son of Shatrughan Singh Resident of Village and P.O. Garahi, P.S. Jandaha, District- Vaishali at Hajipur, the retired Typist, R.P.S. College, Chakeyaj, P.O. and P.S. Mahnar District- Vaishali at Hajipur

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director Higher Education, Education Department, Government of Bihar, Patna.

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

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

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The Finance Officer, B.R.A. Bihar University, Muzaffarpur

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The Principal, R.P.S. College, Chakeyaj, P.O. and P.S. Mahnar, DistrictVaishali at Hajipur

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the State : Mr. Hitesh Suman, AC to SC-13 For the University : Mr. Mritunjay Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 11-05-2023

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Heard Mr. Vijay Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. Hitesh Suman, learned counsel appearing on behalf of the State and Mr. Mritunjay Kumar, learned counsel appearing on behalf of the University.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner has retired on 31.08.2014. However, he has not been paid G.P.F., leave encashment, group insurance along with pension and gratuity.

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Learned counsel submits that the case of the petitioner is squarely covered by the Judgment dated 25.07.2016,

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Patna High Court CWJC No.5940 of 2023(2) dt.11-05-2023 2/2

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passed by this Court in C.W.J.C. No. 6476 of 2013 (Ramjee Paswan & Ors. Vrs. The Baba Saheb Bim Rao Ambedkar University & Ors.) as well as the Judgment dated 30.08.2018, passed in C.W.J.C. No. 6368 of 2012 (Ramanand Thakur & Ors. Vrs. The State of Bihar).

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The petitioner seeks to file comprehensive representation before the Registrar of the University.

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The Registrar of the University must adjudicate after giving proper opportunity of hearing to the petitioner as well as he must also consider the legal position and if it is found that any other employee has been made payment, whose case are similar to that of petitioner, the petitioner must be given the same benefit forthwith.

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The representation of the petitioner is directed to be considered and dispose of within a period of six weeks and if it is found that the petitioner is entitled to the benefit as claimed by him, the same should be paid within a period of further two weeks along with statutory interest on account of delayed payment.

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The writ petition stands disposed of.

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(Purnendu Singh, J)

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pravinkumar/-

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Kedar Nath Singh v. The State of Bihar

Case brief

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Kedar Nath Singh v. The State of Bihar

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