IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6988 of 2011
Prema Mishra, wife of Late Er. Ram Chandra Mishra, resident of
Village- Kamalpur, P.O. Punsia, P.S. Barahat, District-Banka
---------------- Petitioner
Versus
1. The .T.M.Bhagalpur University, Bhagalpur, through its Registrar
2. The Vice-Chancellor, T.M.Bhagalpur University, Bhagalpur
3. The Pro Vice-Chancellor, T.M.Bhagalpur University, Bhagalpur
4. The Registrar, T.M.Bhagalpur University, Bhagalpur
5. The Finance Officer, T.M.Bhagalpur University, Bhagalpur
6. The State of Bihar, through the Principal Secretary, Human
Resources Development Department, Govt. of Bihar, New
Secretariat,Patna
7. The Director, Department of Higher Education, Government of
Bihar, New Secretariat,Patna ------------- Respondents.
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02 21-04-2011 Heard Sri Purusottam Kumar, learned counsel for the
petitioner, Sri Anil Singh, learned counsel appearing on behalf of
Respondent no.1 to 5/ T.M.Bhagalpur University, Bhagalpur and
Sri Ajit Kumar, learned A.C. to learned Advocate General,Bihar,
who appears on behalf of Respondent nos.6 and 7.
The petitioner’s husband, who was Engieer in
T.M.Bhagalpur University, Bhagalpur, retired with effect from
31.3.2009 and subsequently died on 26.8.2010. The petitioner was,
thereafter, sanctioned family pension and she is getting the same.
However, the petitioner has prayed that certain dues of her
husband were not cleared by the University. Such claims have
been mentioned in paragraph 8 of the writ application which are as
follows:
(i) Arrears of Pension w.e.f.10.04.09 to 26.08.2010-
amount not known ( as per revised pay w.e.f.1.1.06)
(ii) Gratuity + Statutory interest @ 5 % per
annum-Rs.3,50,000 + Intt.
(iii) Earned Leave Salary for 180 days at least –
amount not known
2
(iv) Group Insurance Amount- Amount not known
(v) Provident Fund Amount ( deposited in the A/c)-
amount not known
(vi) Undeposited P.F. Amount- amount not known
(vii) Arrears salary claim of petitioner’s husband
Rs.12, 00,000 Approx (from 1.1.86 to 31.3.09) (subject to
calculation by the University.
It was further submitted that the petitioner has also
filed representation for aforesaid claims. However, no decision has
been taken till date.
With the consent of the parties, the writ petition is
being disposed of granting liberty to the petitioner to file a fresh
representation before Respondent no.2 i.e. Vice-Chancellor,
T.M.Bhagalpur University, Bhagalpur within six weeks from
today. If such representation is filed by the petitioner, Respondent
no.2 is required to examine the same and pass appropriate order in
accordance with law in respect of 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 appropriate order for
clearing the dues within the aforesaid time. Even in case of
refusal, Respondent no.2 is directed to pass speaking order within
the aforesaid time.
With the above observation and direction, the writ
petition stands disposed of.
NKS/- (Rakesh Kumar,J.)