Rama Kant Singh vs State Of Bihar And Ors.

Heard Mr. Ranjan Kumar Dubey, learned counsel appearing on behalf of the petitioner, Mr. Rajesh Kumar Choudhary, learned counsel for the Veer Kunwar Singh University and Mr. Pramod Kumar Singh, learned AC to SC 16.

The present writ application has been filed for the following reliefs:-

I. For issuance of writ/order/direction to the respondents to pay the total arrear of group Insurance with compound interest @ 12.5 % calculated as Rs. 1,96,860/- pursuant to the order dt. 24.01.2018 passed by Hon’ble High Court in CWJC No. 8700 of 2017.

II. For issuance of writ/direction to the respondent authorities to pay the rest amount of gratuity Rs. 1,13,476/- rest amount of E.L. Rs. 66,058/- arrear of pension Rs. 1,84,780/- (w.e.f. 01.08.12 to May 16) and Rs. 5,52,986/- as arrears of salary from 01.04.1997 to July, 2012 with penal interest @ 12% per annum for delayed payment.

III. For that any other relief/reliefs may be granted to the petitioner for which he may be deemed entitled.

It is submitted that the petitioner was appointed as lab technician in the department of Physics by the Governing Body in S.B. College, Ara in the year 1978. The petitioner was re-designated as demonstrator provisionally vide letter dated 08.08.2006 pursuant to the Government letter no. 1115 dated 14.06.2006 later on the same was confirmed and approved by the syndicate of the Veer Kunwar Singh University in its meeting dated 11.05.2007 and the petitioner after serving more than 35 years, superannuated on 31.07.2012. He further submits that during the pendency of the writ application, however, substantive amount under the different heads of retiral benefits have been paid to the petitioner, but there is a huge delay in making payment of the same, as the petitioner superannuated way back in the year 2012, itself and, as such, the petitioner is entitled for the interest over the delayed amount, especially in view of the Order dated 24.01.2018 passed by the learned co-ordinate Bench of this Court CWJC No. 8700 of 2017.

He further drawn the attention of this Court towards the notification issued by the University dated 21.03.2018 as contained in Memo No. 766 of 2018, whereby, the direction has been given to all the concerned, to ensure payment of all the retiral dues of the teaching and non-teaching staffs of the University, in the light of the Order of this Court, passed in CWJC No. 8700 of 2017, failing which, they would be entitled to interest over the delayed amount.

On the other hand, learned counsel for the University submits that all the retiral/outstanding dues stood paid to the petitioner, however, still any grievance survives, he may file a representation before the Registrar, Veer Kunwar Singh University, Ara along with judgment/orders in support of his claim.

In view of the submissions made on behalf of the learned counsel for the parties and the materials available on record, this writ application stands disposed of, with a direction to the petitioner to file a representation alongwith all the orders/judgments before the Registrar, Veer Kunwar Singh University within a period of four weeks, from today for any other remaining grievance, inter alia, for the interest over the delayed payment. If such a representation is filed, the Registrar, Veer Kunwar Singh University, shall consider the same and pass a reasoned and speaking order and if the petitioner is found entitled for any interest over the delayed payment, the same shall be accorded to him, preferably within a period of eight weeks, thereafter.

Accordingly, the present writ application stands disposed of.