Civil Writ Jurisdiction Case No. 17354 of 2015. Case: Krishna Kant Sharma Vs The State of Bihar and Ors.. Patna High Court

Case Number:Civil Writ Jurisdiction Case No. 17354 of 2015
Party Name:Krishna Kant Sharma Vs The State of Bihar and Ors.
Counsel:For Appellant: Vijay Kumar Singh, Advocate and For Respondents: Arun Kumar Bhagat, AC to AAG
Judges:Ashwani Kumar Singh, J.
Issue:Service Law
Judgement Date:February 14, 2017
Court:Patna High Court
 
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Judgment:

Ashwani Kumar Singh, J.

  1. Pursuant to the order dated 07.02.2017, the Vice-Chancellor, the Registrar and the Finance Officer of Baba Saheb Bhim Rao Ambedkar Bihar University (for short 'University') have appeared before the Court. Separate set of counter-affidavits have also been filed on their behalf.

  2. In the present writ petitioner, the petitioner has prayed for a direction to be issued to the respondents to pay his retiral benefits like, gratuity, pension, leave encashment, group insurance and general provident fund.

  3. The contention of the petitioner is that he was appointed as Cartographer in the Department of Geography in the University on 04.10.1983. After serving for nearly 32 years, he retired on attaining the age of superannuation from the post on 31.03.2015.

  4. It is contended by the learned counsel for the petitioner that the petitioner submitted pension papers and other relevant documents in prescribed form for payment of pension, gratuity, leave encashment, group insurance, general provident fund etc. immediately after retirement, but except the regular pension, no payment of other retiral dues was made to him by the respondent-University.

  5. Learned counsel for the University has drawn my attention towards the statements made in the counter-affidavits filed today on behalf of respondent Nos. 5 to 7 wherein the stand of the University is that the pension of the petitioner has already been commenced from 01.04.2015 and the current pension amount is being paid to him. The payment of arrears of pension till May, 2016 has also been made to the petitioner. It is further stated that the payment of group insurance and GPF have already been made to the petitioner and payment of gratuity and leave encashment would be made immediately after receipt of grant from the State Government.

  6. Mr. Dhruv Mukarji, learned Senior Counsel for the University submitted that due to paucity of fund, the payment of gratuity and leave encashment would not be made to the petitioner. He submitted that the moment, the University would receive the fund from the Government, the grievances of the petitioner in respect of gratuity and leave encashment would be redressed without any delay.

  7. I have heard learned counsel for the parties and perused the...

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