IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7278 of 2011
Md.Naim Ahmad, S/O Late Najir Ali, R/o Mohalla- Guliatan,
Chandwara, P.S. Town, District-Muzaffarpur -------Petitioner
Versus
1. The B.R. A. Bihar University, through its Registrar, having
office at Muzaffarpur
2. The Vice-Chancellor, B.R. A. Bihar University, Muzaffarpur
3. The Finance Officer, B.R. A. Bihar University, Muzaffarpur
----------------------- Respondents.
-----------
02 26-04-2011 Heard Sri Niwas Jha, learned counsel for the petitioner
and Sri Rajendra Kumar Giri, learned counsel appearing on behalf
of Respondents/ B.R.A.Bihar University, Muzaffarpur.
The petitioner, who retired with effect from
31.12.2001, has prayed for directing the Respondents for payment
under the following heads:
(i) Arrear of pension from due date
(ii) Full gratuity amounting Rs.3.5 lacs
(iii) Leave salary
(iv) UGC arrear from 1986-1989.
(v) Interim relief from 1.3.1983 to December,1985
(vi) D.D.A. from 1984 to 1989
(vii) Arrear on account of promotion from
27.5.1988 to 30.04.1995
(viii) 50% D.A. merger w.e.f. 1.1.1995.
It was submitted by learned counsel for the petitioner
that the petitioner has filed number of representations. However,
all efforts went in vein and even after expiry of such a long time
from the date of retirement nothing has been paid to him. It was
submitted by learned counsel for the petitioner that the writ
petition may be disposed of granting liberty to the petitioner to
again approach the competent authority.
In view of the facts and circumstances, particularly the
2
fact that the petitioner retired long back in the year 2001 it is
appropriate to grant liberty to the petitioner to file a fresh detailed
representation before the Respondent no.2 i.e. Vice-Chancellor ,
B.R.A. Bihar University within a period of six weeks from today.
If such representation is filed by the petitioner, Respondent no.2 is
directed to examine the same and pass appropriate order in
accordance with law redressing all the grievances of the petitioner
within a period of three months from the date of filing of such
representation. If Respondent no.2 considers the claim of the
petitioner as genuine, he is required to pass order for clearing all
his retiral dues within the aforesaid time. Even in case of refusal,
Respondent no.2 is directed to pass speaking order within the
aforesaid time.
It is made clear that the petitioner shall be entitled to
get statutory admissible interest on delayed payment.
With above observation and direction, the petition
stands disposed of.
NKS/- ( Rakesh Kumar,J.)