IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8607 of 2006
AWADHESH KUMAR MISHRA, S/o Late Rajendra Prasad Mishra, Resident of
Village- Baghari, P.S.- Runisaidpur, District- Sitamarhi.
......... Petitioners
Versus
1. THE Vice Chancellor, B.R.A. Bihar University, Muzaffarpur.
2. The Registrar, B.R.A. Bihar University, Muzaffarpur.
3. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.
4. The Budget Officer, B.R.A. Bihar University, Muzaffarpur.
5. The Principal, L.S. College, Muzaffarpur.
............ Respondents
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4 28.03.2011 The present writ petition was filed by the petitioner,
who retired with effect from 30.4.2003, from the post of Head
Assistant, Department of P.G., L.S. College, Muzaffarpur, with a
prayer to direct the respondents to make payment of all the retiral
dues with statutory interest.
The present writ petition was filed on 20.7.2006, after
serving a copy on learned counsel appearing on behalf of
respondents/ B.R.A. Bihar University, Muzaffarpur.
Earlier no counter affidavit was filed on behalf of the
University.
On 13.02.2007, the respondent University was directed
to ensure payment of the retiral dues of the petitioner and file
counter affidavit, if possible. Despite judicial order of this court
same was not complied with. Recently, on 25th March, 2011, a
vague counter affidavit has been filed with several ‘ifs’ and ‘buts’.
2
It is necessary to quote statement made in paragraph no. 6 of the
counter affidavit which is as follows:
“That for getting those documents the University
has already written to the petitioner and states before the
Hon’ble Court that as soon as those papers are received in the
University within the fortnight of receiving the same they will
be sent to the auditors and payments will be made to the
petitioner within a month from the date of return of the
documents from the office of the auditors.”
Sri Ajay Bihari Sinha, learned counsel appearing on
behalf of University submits that University is taking all steps to
clear all the retiral dues.
The writ petition stands allowed with direction to the
respondents, particularly, respondent no. 1/Vice Chancellor,
B.R.A. Bihar University, Muzaffarpur, to take all steps to clear all
the retiral dues of the petitioner with admissible statutory interest
within a period of two months from the date of receipt /
production of a copy of this order.
The petition stands allowed with above direction.
( Rakesh Kumar, J.)
Praful