IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17684 of 2022

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Dr. Baikunth Pandey S/o Nabab Pandey, R/o J M S 344 Durga Ashram,

Rajendra Lane, Prem Bhavan Se Purav, Sheikpura, Rukanpura, P.O.- B.V.

College Patna, P.S.- Shashtri Nagar, District- Patna, Pin - 800014.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Education Dept. Govt. of

Bihar, Patna.

2.

The Director, Higher Education Dept. Govt. of Bihar Patna.

3.

The Vice Chancellor Magadh University, Bodh -Gaya.

4.

The Magadh University Bodh-Gaya through its Registrar.

5.

The Vice Chancellor, J.P. University Chapra.

6.

The Jai Prakash University, Chapra through its Registrar.

7.

The Finance Officer, J.P. University, Chapra.

8.

The Finance Advisor, J.P. University, Chapra.

9.

The Principal, Rajendra College, Chapra.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Shashi Shekhar Tiwary, Advocate

For the State

:

Mr. Jai Prabhat Kishore, AC to SC-13

For the J.P. University

:

Mr. Ritesh Kumar, Advocate

For the Magadh University:

Mr. Sunit Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 10-05-2023

Heard Mr. Shashi Shekhar Tiwary, learned counsel

appearing on behalf of the petitioner, Mr. Jai Prabhat Kishore,

learned AC to learned SC-13 appearing on behalf of the State,

Mr. Ritesh Kumar, learned counsel appearing on behalf of the

J.P. University, Chapra, and Mr. Sunit Kumar, learned counsel

for the Magadh University.

2. Petitioner, who had retired on 31.07.2022 from

Patna High Court CWJC No.17684 of 2022 dt.10-05-2023

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the post of Principal from Rajendra College, Chapra has filed

the present writ petition seeking following relief(s):-

“(A) The answering Respondents,

particularly the respondents -J.P. Univeristy,

Chapra may kindly be directed to ensure

immediate payment of:-

i. The Group Insurance amount with

12.5% compound interest in continuity (in view of

the Hon’ble Courts decision reported in 2006 (4)

PLJR 369 and other decisions affirmed up to the

Hon’ble Apex Court).

ii. The Leave encashment amount for

300 days (in view of Hon’ble Court’s decision

passed in C.W.J.C No. 7837/ 2012, read with other

developments ).

iii. Rs. 20,00,000/- towards gratuity.

iv. Differential amount under the 4^th

PRC for the period 27.01.1993 to 31.12.1995.

v. Differential arrear under the 5^th

PRC, for the period of 01.01.1996 to 31.12.2005.

vi. Differential arrear under the 6^th

PRC, for the period of 01.01.2006 to 31.12.2015.

vii. Up-to-date statutory / penal

interest also may kindly be allowed to the present

petitioner, upon the payment above said (while

annexing the calculation chart to that effect).

viii. The salary pay and allowances

for the period of june and july 2022 also may

kindly be allowed as the same has been withheld

illegally.

(B) The Respondents – Magadh

University, Bodh-Gaya may kindly be directed to

make immediate payment of :-

i) Differential arrear towards pay and

allowances admissible kept pending prior to

September, 2009.

ii) Deferred D.A. with up to date

statutory interest till the date of final payment in

view of prof. Surendra Bahadur Case reported in

2006 (3) PLJR 369.

iii) Differential arrear towards D.A,

I.R., H.R.A, M.A etc. upon due verification of the

Patna High Court CWJC No.17684 of 2022 dt.10-05-2023

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petitioners entitlement in this regard.”

3. Learned counsel appearing on behalf of the

petitioner informs this Court that only 75% of the pension has

been sanctioned and entire amount of GPF and almost all the

retiral dues are still pending.

4. Mr. Ritesh Kumar, learned counsel appearing on

behalf of the J.P. University, Chapra informs this Court that

petitioner had retired from the post of Principal of the college,

namely