Disposed

Awadh Tiwary v. The State of Bihar

Patna HC9 Jan 2024CWJC/10121/2023

Case brief

AI extract

What is this about?

In this pension dispute, the Patna High Court disposed of a writ petition where the University admitted delayed payment of retiral benefits. The Court directed the Registrar to consider the petitioner's claim for interest within eight weeks, referring to a prior judgment.

What did the court decide?

Liberty to file a representation claiming interest on delayed payment; Registrar directed to dispose within eight weeks.

Awadh Tiwary Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10121 of 2023

¶2

======================================================

¶3

Awadh Tiwary Son of Ram Singhashan Tiwary, resident of Near Girls High School, Shastri Nagar, East Gaya, P.O. Gaya, P.S. Gaya, District- Gaya, the retired Professor and Head, Post Graduate Department of Geography, Magadh University, Bodh Gaya. ... ... Petitioner/s

¶4

Versus

¶5

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

¶6

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

¶7

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

¶8

The Vice Chancellor Magadh University, Bodh Gaya.

¶9

The Registrar, Magadh University, Bodh Gaya.

¶10

The Finance Officer, Magadh University, Bodh Gaya.

¶11

The Finance Advisor, Magadh University, Bodh Gaya.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. Madhaw Prasad Yadaw, GP-23 Mrs. Meera Singh, AC to GP-23 For the University : Mr. Om Prakash Kumar, Advocate ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

¶16

Date : 09-01-2024

¶17

Heard Mr. Vijay Kumar Singh, learned counsel

¶18

appearing on behalf of the petitioner and Mr. Om Prakash Kumar, learned counsel for the Magadh University. The state is represented by Mrs. Meera Singh, learned AC to GP-23.

¶19

At the outset, it is submitted on behalf of the learned counsel for the University that in compliance of the order of this Court, the petitioner has been accorded all the retiral benefits/other dues and, as such, the grievance of the petitioner has been redressed. He further submits that though the University was directed to file counter affidavit, showing payment of admissible dues, but the same could not be done.

¶20

Patna High Court CWJC No.10121 of 2023 dt.09-01-2024 2/2

¶21

However, it is the admitted position that the payment has been made.

¶22

At this juncture, learned counsel for the petitioner submits that on account of intervention of this Court, though the payment has been made, but the same has been done belatedly after four years of the due date. He further submits that in any view of the matter, the petitioner is entitled to interest over the delayed payment.

¶23

Having heard the parties, the present writ petition stands disposed of, with a liberty to the petitioner to file an appropriate representation before the Registrar, Magadh University, Bodh Gaya, who shall consider the claim of the petitioner, in the light of the judgment rendered by this Court in the case of Punam Devi Vs. The State of Bihar & Ors. (LPA No. 1705 of 2018), and shall dispose of the representation of the petitioner, preferably within a period of eight weeks.

¶24

Needless to observe that, in case, the petitioner is found entitle to interest over the delayed payment, the same shall be made within the period stipulated.

¶25

(Harish Kumar, J)

¶26

shivank/-

¶27

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	11.01.2024.
Transmission Date	NA

Awadh Tiwary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awadh Tiwary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Upendra Sharma Vs The State of Bihar and Ors.

Muniya Devi Vs The State of Bihar

Jay Krishna Bhindwar Vs The State of Bihar

Ram Jatan Prasad Sinha Vs The State Of Bihar

Ashok Kumar Vs The State of Bihar

Kapildeo Ram Vs The State of Bihar