Patna High Court - Orders
Vinoda Nand Mishra vs The State Of Bihar on 20 October, 2020
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
Civil Writ Jurisdiction Case No.12786 of 2019
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Vinoda Nand Mishra
... ... Petitioner
Versus
The State of Bihar & Ors.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate
For the University : Mr.Md. Nadim Seraj, Advocate
For the State : Mr. Prabhakar Jha, G.P.-27
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
10 20-10-2020Mr. Nadeem Seraj, learned counsel representing the University submits that he has filed a supplementary counter affidavit on behalf of respondent nos. 3 to 5. Attention of this Court has been drawn towards the statement made in paragraph '6' of the said affidavit which reads as under:
"6. That it is humbly submitted that the University made payment to the Petitioner in the pay scale of Rs. 9300-34800/- with grade pay of Rs. 4200/- but the claim of the Petitioner is for pay scale of Rs. 15600-39100/- with grade pay of Rs. 7600/-, pay point of the Petitioner from pay verification cell of the State Government at Patna has not yet received due to which the University is unable to do calculation and not in a position to take final view in this matter."
As regards the payment of ACP/MACP it has been stated that a reminder letter has been sent to the Director, Higher Patna High Court CWJC No.12786 of 2019(10) dt.20-10-2020 2/3 Education, Department of Education, Government of Bihar, Patna to make available fund on account of ACP/MACP but the same has not been made available as yet. As soon as payment is received for the ACP/MACP, the University shall pay the same.
Further, as regards the interest on the Group Insurance at the rate of 12.5%, it is stated that payment at the rate of 8% has already been made but since the petitioner superannuated on 31.12.2015 and the group insurance was not paid to him immediately and the decision of the Syndicate reducing the rate of interest has been taken on 20.09.2018, the petitioner is entitled for the difference of amount on account of interest and the said liability is though not specifically acknowledged in the supplementary counter affidavit but learned counsel submits that the same would be payable to the petitioner.
Mr. Nadeem Seraj has also pointed out from paragraph '4' of the counter affidavit filed on behalf of the State in C.W.J.C. No. 65 of 2001 in which the Additional Commissioner, Human Resources Department, Government of Bihar has made certain statements.
Learned counsel for the State, Mr. Mukund Jha who is A.C. to G.P.-27 submits that he will verify regarding the counter Patna High Court CWJC No.12786 of 2019(10) dt.20-10-2020 3/3 affidavit and supplementary counter affidavit of the University and shall seek appropriate instruction from the department. Since learned counsel for the petitioner has already been served, if so advised, petitioner may file a rejoinder to the counter affidavit/supplementary counter affidavit of the University.
Let this matter be listed on 10th of November, 2020. It is expected that in the meantime, the admitted amount shall be paid to the petitioner by the University and the statements made by the University in paragraph '6' and '8' shall be duly considered by the department and appropriate steps will be taken to make available the funds required by the University to pay the admitted dues of the petitioner.
List accordingly.
(Rajeev Ranjan Prasad, J) vats/-
U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.