IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13917 of 2011
Gajendra Nath Shrivastava, son of Shri Late Rajendra Nath
Shrivastava R/O Mohalla Rajendra Sarover, Behind Power
House, Chapra, P.S. Bhagwan Bajar, P.O. Chapra, Dist.
Saran, Bihar retired from the post of Reader in the
Department of Psychology, R.B.S. College, Andaur, District
Samastipur a constituent Unit of L.N.M.C. Bihar, K. Nagar,
Darbhanga.
... ... Petitioner.
Versus
1. Lalit Narayana Mithila University through its Registrar at
Kameshwar Nagar, Darbhanga.
2. Vice Chancellor, L.N. Mithila University at Kameshwar
Nagar, Darbhanga.
3. Registrar, Mithila University at Kameshwar Nagar,
Darbhanga.
4. State of Bihar through Principal Secretary, Higher
Education, Govt. of Bihar, New Secretariat, Patna.
... ... Respondents.
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2. 25.8.2011. Heard Dr. Anshuman, learned
counsel for the petitioner, Shri Ajay
Bihari Sinha, learned counsel appearing on
behalf of respondent nos.1 to 3/Lalit
Narayan Mithila University, Darbhanga and
Shri Prabhu Narayan Sharma, learned A.C.
to learned Advocate General, who appears
on behalf of respondent no.4.
The petitioner, who retired with
effect from 31st July,2008 as Reader from
R.B.S. College under L.N. Mithila
University, has prayed for directing the
respondents to pay post retiral dues and
consequential dues. Learned counsel for
the petitioner submits that most of the
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retiral dues have already been paid, but
he is still getting provisional pension.
The petitioner has categorically stated
his claim in paragraph-9 of the writ
petition, which is as follows :-
(a) Arrear of Salary towards 5th
Pay revision = Rs.9,63,618/-
(b) Arrear of salary towards 6th
Pay Revision= Rs.8,10,000/-
(c) Leave Encashment =
Rs.5,00,000/-
(d) Gratuity Amount =
Rs.10,00,000/-
(e) Deferred D.A.= As per actual
(f) Pension difference = As per
actual calculation
(g) Fixation of pension on
revised scale = As per
calculation.
Learned counsel for the
petitioner submits that for the relief
sought for in the present writ petition,
petitioner has also filed representation
before the authority concerned. However,
till date, no decision has been taken nor
aforesaid dues have been cleared.
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With the consent of parties, the writ
petition is being disposed of granting
liberty to the petitioner to file a fresh
representation before respondent no.2/Vice
Chancellor, L.N. Mithila University,
Darbhanga 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 four months from the date of
filing of such representation. Respondent
no.2 is further required to clear all the
admitted dues of the petitioner within
aforesaid time. It is further directed to
take decision for granting final pension
to the petitioner within aforesaid time
keeping in view the fact that petitioner
retired in the year 2008 and still he is
getting only provisional pension. Even in
case of refusal, respondent no.2 is
required to pass a reasoned order and
communicate the same to the petitioner
within four month from the date of filing
of such representation.
With above observation and
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direction, the writ petition stands
disposed of.
N.H./ ( Rakesh Kumar,J.)