Upon finding that the petitioner's dues for pension, gratuity, and leave encashment were admitted but unpaid due to lack of funds, this court directed the respondents to pay the admitted amounts within twelve weeks.
Response 4 and 5 to ensure payment of all admissible dues within 12 weeks; 8% interest for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10165 of 2021
======================================================
Ayodhya Singh Son of Late Madhuri Singh Resident of Village- Baghi, Police Station- Muffasil, District- Samastipur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Respondent/s : Mr. J.P. Kishore, AC to SC-19 For the University(Resp. 3 to 5) : Ms. Binita Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
6 02-09-2024
Heard Mr. Ranjan Kumar, learned Advocate for the petitioner and Ms. Binita Singh, learned Advocate representing the L.N. Mithila University. The State is represented by Mr. J.P.Kishore, learned Advocate.
Patna High Court CWJC No.10165 of 2021(6) dt.02-09-2024 2/4
Verification Cell calculation of pre and post-retiral dues was done, the relevant paragraphs of the counter affidavit reads as
follows:-
“ Moreover, benefits of A.C.P/M.A.C.P. has also been given. The pension of the petitioner was fixed @Rs. 7,335/- with admissible D.R. from 01.11.2018 to 20.02.2020 and pension fixed @ Rs. 19,300/with admissible D.R. which is being paid to the petitioner from 01.03.2020. Further, with respect to payment of Gratuity and Earned Leave Encashment amount of Rs. 10,152/- & Rs. 4,600/- Respectively are due for payment. The details of the calculation are elucidated in the following table:-
| Sl. No . 1. |
Heads Gratuity |
Payable Rs. 5,85,766/- |
Paid Rs. 5,75,614/- |
Difference Rs.10,152/- |
|---|---|---|---|---|
| 2. | E.L. Encashment (for 300 days) |
Rs. 3,48,070/- | Rs. 3,43,470/- | Rs. 4,600/- |
| Total | Rs. 14,752/- |
That as regards the salary arrears, it is stated that calculation has been done for the period from March, 1989 to March, 2017 and a sum of Rs. 4,29,951/- has been found payable after pre-audit and the same shall be paid after administrative approval and receipt of fund from the State Government.
That with respect to the payment
Patna High Court CWJC No.10165 of 2021(6) dt.02-09-2024 3/4
of Group Insurance, it is stated that the payment of GIC along with 4.5% compound interest amounting to Rs. 14,472/- have already been paid to the petitioner. However, as regards the payment of Group Insurance along with 12.5%, it is stated that the same has been restricted by the University in light of the direction of the State Government and the resolution of the Finance Committee duly approved by the Syndicate. Rather, simple saving bank account interest rate is applicable to Group Insurance.”
contended that though the counter affidavit speaks about aforenoted admissible dues but there is no reply to the arrears of pension in the revised pay scale with effect from November, 2018 to February, 2020.
Patna High Court CWJC No.10165 of 2021(6) dt.02-09-2024 4/4
has already been released in favour of the university.
(Harish Kumar, J)
supratim/-
U
1 issue framed by the court
Whether the University can pay admitted pension and other dues facing paucity of funds.
Ayodhya Singh
State of Bihar
Director, Higher Education, Govt. of Bihar
Lalit Narayan Mithila University
Vice Chancellor, Lalit Narayan Mithila University
Princepal, Dr. L.K.V.D., College, Tajpur
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
