IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9289 of 2011
MD.OMER S/O LATE MD. AYUB, RESIDENT OF VILLAGE NAZRA,
P.O. MEGHWAR, VIA- BASAITH, DISTRICT MADHUBANI.
... ... PETITIONER.
Versus
1. THE STATE OF BIHAR
2. THE VICE CHANCELLOR, L.N. MITHILA UNIVERSITY, DARBHANGA.
3. THE REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA.
... ... RESPONDENTS.
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2. 20.6.2011. Heard Mr. Md. Soban Asghar, learned
counsel for the petitioner, Shri Prabhu
Narayan Sharma, learned A.C. to learned
Government Advocate, who appears on behalf
of respondent no.1/State and learned
counsel appearing on behalf of respondent
nos.2 and 3/L.N. Mithila University,
Darbhanga.
The petitioner, who retired as
Reader with effect from 28.2.2004 from
K.V.S. College, Uchaith Benipatti under
L.N. Mithila University, has prayed for
directing the respondents to make payment
of differences of salary, arrear of
pension, which is due since the month of
March, 2004 to July, 2005 and also gratuity
amount.
Learned counsel for the petitioner
submits that despite the fact that
petitioner retired long back in the year
2
2004, till date, aforesaid retiral dues
have not been cleared by the University
authority. The petitioner has also filed
representation before the competent
authority, but all went in vain.
After hearing the parties, the
court is of the opinion that writ petition
can be disposed of granting liberty to the
petitioner to file a fresh representation
before respondent no.2/Vice Chancellor,
L.N. Mithila University within a period of
six weeks from today. If such
representation is filed, respondent no.2 is
required to examine the same and pass
appropriate order in accordance with law
within a period of two months from the date
of filing of such representation. If the
respondent no.2 considers the claim of the
petitioner as genuine, he is required to
pass order for payment of aforesaid amount
within aforesaid time. It is directed that
petitioner shall be entitled to get
admissible interest on delayed payment.
Even in case of refusal, respondent no.2 is
required to pass a speaking order within
aforesaid time.
3
With above observation and
direction, the writ petition stands
disposed of.
N.H./ ( Rakesh Kumar,J.)