High Court Patna High Court - Orders

Shyamnandan Prasad vs The State Of Bihar &Amp; Ors on 13 August, 2010

Patna High Court – Orders
Shyamnandan Prasad vs The State Of Bihar &Amp; Ors on 13 August, 2010
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.13145 of 2010
                      SHYAMNANDAN PRASAD, son of Late Sita Ram
                      Lal, resident of Mohalla-Postal Park
                      Jawahar Colony Road No.3 Chiryantand,
                      P.S. Kankarbagh, District Patna.
                                                 ---Petitioner
                                       Versus
                      1. THE STATE OF BIHAR through Higher
                         Secondary     Education     Department,
                         Government of Bihar, Patna.
                      2. The   Patna  University   through   the
                         Registrar, Patna.
                      3. The Vice-Chancellor, Patna University,
                         Patna.
                      4. The Finance Officer, Patna University,
                         Patna.
                                                 ---Respondents
                                              -----------

2. 13.8.2010 Heard Mr. Mukeshwar Dayal, learned counsel for the

petitioner and Mr Ajay Kumar Sinha, learned counsel appearing for

the respondent-University.

It is submitted that the petitioner retired from the post

of Junior Laboratory Assistant in terms of section 64(b) of the Patna

University amended Act, 1976, vide Memo No.1653 dated 13th of

September, 2007. It is submitted that till date, no pensionary benefits

have been sanctioned and paid to the petitioner despite representation

as contained in Annexure 3.

Mr Sinha, learned counsel appearing for the

respondent-University submits that the relevant details have not been

mentioned in the representation to enable early consideration.

In the above circumstances, the learned counsel for the

petitioner submits that for expeditious disposal of the claim for

payment of pensionary benefits as highlighted in this writ application,

the petitioner proposes to file a fresh representation before the

Registrar of the respondent-University, with a copy each to the Vice-
2

Chancellor, Patna University, Patna (respondent no.3) and the Finance

Officer, Patna University, Patna (respondent no.4). In case such a

representation is filed stating the details of his unpaid claims as also

enclosing the copy of the relevant documents, if any, in support of

such claims along with the certified copy of the present order within a

period of four weeks, the grievances of the petitioner as raised in his

representation be considered in accordance with law expeditiously,

preferably within a period of four months on receipt of such

representation, so that the grievances of the petitioner may be settled

and the admitted dues, if any, may also be paid with interest

permissible under the rules.

The writ application stands disposed of with the above

observations/directions.

PNM                            (Shailesh Kumar Sinha, J.)