Ram Saheli Sinha v. The State of Bihar
Retiral dues / leave encashment – superannuated employee (2008)
Case brief
What is this about?
Patna High Court, Civil Writ Jurisdiction Case No.9678 of 2022 (decision date 10-07-2025), Harish Kumar, J. Retired employee (superannuated 2008) of BRA Bihar University repeatedly failed to receive leave encashment and part provident fund with interest despite a prior writ order in CWJC No. 1464 of 2013 and a contempt order in MJC No. 4917 of 2014 (dated 20.07.2017) requiring the Registrar to consider the claim or record reasons for rejection. Court directed the Registrar to consider the grievance within four weeks and to pay monetary benefits, if upheld, within a further eight weeks; defiance attracts penal interest on the delayed payment. Writ petition disposed of. Keywords: retiral benefits; leave encashment; provident fund; superannuation dues; contempt proceeding; Registrar; penal interest; BRA Bihar University.
What did the court decide?
Direction to the Registrar, BRA Bihar University, to take up and consider the petitioner's grievance regarding leave encashment and provident fund (in part) with interest, preferably within four weeks of receipt/production of a copy of the order; if the claim finds favour, monetary benefits to be accorded within a further eight weeks; defiance of the order to be viewed seriously, entitling the petitioner to realise penal interest over the delayed payment.