Disposed¶28

Ramesh Sharma, v. The State of Bihar

Patna HC20 Mar 2025CWJC/900/2022

Case brief

AI extract

What is this about?

Keywords: leave encashment; earned leave; retiral benefits; retiral dues; superannuation (31.10.2020); earned leave chart; 1982 strike participation; Magadh University; Registrar; S.S. College Jehanabad; S.B.A.N. College Darheti Lari Arwal; twelve-week deadline; 6% interest on delayed payment; erring officials; counter affidavit 28.02.2024; writ petition disposed with directions.

What did the court decide?

Writ petition disposed of with directions: Registrar of the University to ensure payment of admissible earned leave to the petitioner preferably within twelve weeks, with cooperation of the Principals of S.S. College, Jehenabad and S.B.A.N. College, Darheti lari; failing timely payment, petitioner entitled to 6% interest on the delayed payment, recoverable from erring officials. ¶28

Ramesh Sharma, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the petitioner, who superannuated on 31.10.2020 and has already received substantive retiral benefits and admissible dues, is entitled to payment of his leave encashment / admissible earned leave, which remains unpaid pending production of service records by the colleges.

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Court's answer

Except for the correspondence made between the College and the University, no sincere efforts were being taken to redress the petitioner's grievance, although he had superannuated long back on 31.10.2020.

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Ratio / Principle

The Court directed the Registrar of the University to look into the matter and ensure payment of admissible earned leave to the petitioner, preferably within a period of twelve weeks from the date of receipt/production of a copy of the order.

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Key takeaways

For the said purpose, the Principal, S.S. College, Jehenabad and the Principal, S.B.A.N. College, Darheti lari shall cooperate with the Registrar of the University.ratio¶26
If the admissible earned leave is not accorded to the petitioner within the stipulated period, the petitioner shall be entitled to 6% interest over the delayed payment, to be realized from the erring officials.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), Civil Writ Jurisdiction Case No.900 of 2022, decided 20-03-2025: Ramesh Sharma, who superannuated on 31.10.2020, had received substantive retiral benefits and admissible dues except leave encashment. Observing that, apart from inter-institutional correspondence (University letter dated 10.03.2023 to Principal, S.S. College, Jehanabad; reply dated 25.04.2023 seeking the earned leave chart and 1982 strike-participation details from S.B.A.N. College, Darheti Lari, still awaited), no sincere efforts had been made to redress his grievance, the Court disposed of the writ petition directing the Registrar, Magadh University to ensure payment of admissible earned leave preferably within twelve weeks of receipt/production of the order, with the two college Principals bound to cooperate; on failure within the stipulated period, the petitioner becomes entitled to 6% interest on the delayed payment, recoverable from the erring officials.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.900 of 2022

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

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Ramesh Sharma, Son of Late Uma Shankar Singh, Resident of Village - Swami Sahajnand Nagar Court Area, P.S. - Jehanabad, District - Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar, through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

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Magadh University, through its Registrar, Bodh Gaya.

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Vice Chancellor, Magadh University, Bodh Gaya.

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Registrar, Magadh University, Bodh Gaya.

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Principal, S.B.A.N. College, Darheti Lari, Arwal.

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Principal, S.S. College, Jehanabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate Mrs. Shrishti Rani, Advocate For the Respondent/s : Mr. Madan Jeet Kumar, GP-20 For the University : Mr. Md. Faiz Ahmad, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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14 20-03-2025

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Heard Mr. Jyoti Ranjan Jha, learned Advocate for the

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petitioner and Mr. Md. Faiz Ahmad, learned Advocate for the University.

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Learned Advocate for the petitioner fairly contended that though substantive retiral benefits and admissible dues have been paid to the petitioner, except the leave encashment. On the last occasion when the matter was taken up on 13.02.2015, this Court has been apprised that necessary correspondences have been made between the concerned college and the University in order to settle the

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Patna High Court CWJC No.900 of 2022(14) dt.20-03-2025 2/3

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grievance of leave encashment.

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Learned Advocate for the University referring to Annexure B to his counter affidavit filed on 28.02.2024 has contended that request has been made to the Principal of the S.S. College, Jehanabad to produce all the relevant necessary documents under letter dated 10.03.2023. In response to the aforesaid letter the Principal, S.S. College, Jehanabad vide its letter dated 25.04.2023 wrote to the Principal, S.B.A.N. College , Darheti Lari to produce the earned leave chart and the information as to whether, the petitioner had participated in the strike or not in the year 1982, which are still awaiting.

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Considering the submissions advanced by the learned Advocate for the respective parties as also the pleadings and the materials available on record, this Court finds that except the correspondences made between the College and the University, no sincere efforts are being taken to redress the grievance of the petitioner, although the petitioner superannuated long back on 31.10.2020.

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In view of the aforesaid fact, this Court left with no option but to direct the Registrar of the University to look into the matter and ensure payment of admissible earned leave to the petitioner, preferably within a period of twelve weeks’ from the

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Patna High Court CWJC No.900 of 2022(14) dt.20-03-2025 3/3

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date of receipt/production of a copy of this order.

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Suffice it to observe that for the said purpose the Principal, S.S. College, Jehenabad and the Principal, S.B.A.N. College, Darheti lari shall cooperate to the Registrar of the University.

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In case the admissible earned leave shall not be accorded to the petitioner within the period stipulated, the petitioner shall be entitled to get 6% interest over the delayed payment, which shall be realized from the erring officials.

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The writ petition stands disposed off with the aforesaid direction.

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(Harish Kumar, J)

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supratim/-

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Ramesh Sharma, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramesh Sharma, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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