Patna High Court - Orders
Asha Mishra vs The State Of Bihar &Amp; Ors on 4 April, 2011
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6017 of 2011
ASHA MISHRA, WIFE OF LATE DAYANAND MISHRA, RESIDENT OF WARD NO. 17
SURATGANJ BEBIND MAHADEO MANDIR, DISTRICT + TOWN-MADHUBANI.
.............. PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT,
GOVERNMENT OF BIHAR, PATNA.
3. LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR,
DARBHANGA THROUGH ITS REGISTRAR.
4. THE VICE-CHANCELLOR, L.N.M.U., KAMESHWAR NAGAR,
DARBHANGA.
5. THE FINANCE OFFICER, L.N.M.U. KAMESHWAR NAGAR,
DARBHANGA.
6. THE PRINCIPAL, V.S.J. COLLEGE, RAJNAGAR, DISTRICT -
DARBHANGA.
.................. RESPONDENTS
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2 04.04.2011Heard Sri Satish Chandra Jha, learned counsel for the petitioner, Sri Vikash Kumar, learned A.C. to learned Advocate General appearing on behalf of respondent no.1/State and Smt. Shail Kumari Jha, learned counsel appearing on behalf of respondent nos. 1 to 6/L.N. Mithila University.
The petitioner has prayed for directing the respondents to make payment of amount of gratuity, earned leave and due family pension from April 2007 to March 2008 with interim relief which is due since 1986 to 2007 Learned counsel for the petitioner submits that the petitioner's husband was Lecturer in Department of Commerce, V.S.J. College, Rajnagar, Madhubani under L.N. Mithila University and he died on 15.04.2007. The petitioner is getting the family pension from April 2008. However, amount of earned leave, gratuity and family pension for the period April 2007 to 2 March 2008 has not been paid. Learned counsel for the petitioner submits that the petitioner for the aforesaid grievances has also filed representation before the competent authority. However, no decision has been taken till date. It was submitted that the writ petition may be disposed of.
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. 4/Vice Chancellor, L.N. Mithila University, within a period of six weeks from today. If such representation is filed, respondent no. 4, is required to examine the same and pass appropriate order, in accordance with law, redressing the grievances of the petitioner, within a period of four months from the date of filing of such representation. In case of refusal also, the respondent no. 4, is directed to pass a speaking order within the aforesaid time.
The petition stands disposed of.
( Rakesh Kumar, J.) Praful