IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4847 of 2011
DR.M.SATYAVATI RAO, DAUGHTER OF LATE M.L. RAO, RETIRED
HEAD OF THE DEPARTMENT OF MATHEMATICS, PATNA WOMEN'S
COLLEGE, PATNA UNIVERSITY,PATNA, PRESENTLY RESIDING AT
H. BLOCK 3/1-2 NAGARKOT COMPLEX, P.O. KADMA, JAMSHEDPUR,
JHARKHAND.
Versus
1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN
RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF
BIHAR, PATNA.
2. THE PATNA UNIVERSITY, THROUGH REGISTRAR, PATNA UNIVERSITY,
PATNA, ASHOK RAJ PATH, PATNA.
3. THE VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA, ASHOK RAJ
PATH, PATNA.
4. THE REGISTRAR, PATNA UNIVERSITY, PATNA, ASHOK RAJ PATH,
PATNA.
5. THE FINANCE OFFICER, PATNA UNIVERSITY, PATNA, ASHOK RAJ
PATH, PATNA.
... ... RESPONDENTS.
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2. 15.3.2011. Heard Shri Rajesh Kumar Singh,
learned counsel for the petitioner, Shri
Equbal Ahmad, learned counsel appearing on
behalf of respondent nos.2 to 5 and Shri
Vikas Kumar, learned A.C. to learned
Advocate General, who appears on behalf of
the respondent no.1/State.
The petitioner, who superannuated
with effect from 30.4.2001 as Professor of
Patna University, has prayed for a
declaration that he is entitled to get his
pension revised in view of Article 16 of
the Pension Statute read with State
Government decision vide Resolution No.820
dated 23.9.2009 and also for merger of 50%
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dearness relief on his basic pension with
effect from 1.1.2005. The petitioner has
further prayed for directing the
respondents to make payment of arrears of
salary and earned leave.
So far as first two reliefs are
concerned, the petition stands allowed in
view of order dated 3.12.2010 passed in
C.W.J.C. No.3616 of 2010 (Dr. Himanshu
Bhushan Vs. Tilkamanjhi Bhagalpur
University and others) and other analogous
cases.
So far as arrears of salary and
amount of earned leave are concerned, the
petitioner is granted liberty to file a
proper representation before respondent
no.4/the Registrar, Patna University within
a period of six weeks from today. If such
representation is filed, the respondent
no.4 is directed to examine the same and
pass appropriate order redressing the
grievance of the petitioner within a period
of three months from the date of filing of
such representation. In case of refusal, in
respect of arrears of salary and payment of
leave encashment amount, the respondent
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no.4 is directed to pass a speaking order
within aforesaid time.
With above observation and
direction, the petition stands disposed of.
It is made clear that if the
respondent no.4 considers the claim of the
petitioner as genuine, he is required to
pass order for clearing the dues within
three months from the date of filing of
such representation. The petitioner shall
be entitled to get admissible statutory
interest.
N.H./ ( Rakesh Kumar,J.)