High Court Patna High Court - Orders

Dr.Upendra Sharma vs The State Of Bihar &Amp; Ors on 4 April, 2011

Patna High Court – Orders
Dr.Upendra Sharma vs The State Of Bihar &Amp; Ors on 4 April, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CWJC No.5919 of 2011
       DR.UPENDRA SHARMA, S/o Late Suraj Narain Sinha, Resident of
     Village-Shankerwar Tola, P.O. & P.S.- Mokama, District-Patna.
                                                  ...................... Petitioner
                                  Versus
               1. THE STATE OF BIHAR.
               2. The Vice Chancellor, Bhagalpur T.M. University, Bhagalpur
               3. The Registrar, Bhagalpur T.M. University, Bhagalpur.
               4. The Finance Officer, Bhagalpur, T.M. University,
                  Bhagalpur.
               5. The Principal, B.N.M. College, Barahiya, District -
                  Lakhisarai.
                                                .................... Respondents
                                           -----------

2 04.04.2011 Heard Sri Naresh Das, learned counsel for the

petitioner, Sri Naresh Prasad, learned A.C. to Standing

Counsel No. XXI appearing on behalf of respondent no.

1/State and Sri Anil Singh, learned counsel appearing on

behalf of respondent nos. 2 to 4/Bhagalpur Tilka Manjhi

University, Bhagalpur.

The petitioner, who superannuated with effect

from 30.04.2009, as University Professor, Department of

Chemistry, B.N.M. College, Barahiya under Bhagalpur

Tilka Manjhi University, Bhagalpur has prayed for

directing the respondents to make payment of difference of

D.A. of G.P.F., amount of gratuity, leave encashment and

G.I.C. The petitioner has also prayed for making payment

of arrear of salary.

Learned counsel for the petitioner submits that

petitioner is getting his pension regularly and besides the
2

aforementioned amount other dues have already been

cleared. So far as, the claim made in the present writ

petition is concerned, the petitioner has filed a

representation before the competent authority. However,

till date, no decision has been taken.

It was submitted by learned counsel for the

petitioner that the writ petition may be disposed of

granting liberty to file a fresh representation.

The writ petition stands disposed of, granting

liberty to the petitioner, to file a fresh representation before

respondent no. 2/Vice-Chancellor, Bhagalpur Tilka Manjhi

University, Bhagalpur, 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, redressing the grievances of the

petitioner, within a period of three months from the date of

filing of representation. In case of refusal also, he is

required to pass speaking order within the aforesaid time.

( Rakesh Kumar, J.)

Praful