Patna High Court - Orders
Prof.Rajendra Prasad Keshri vs The State Of Bihar & Ors on 11 February, 2013
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 14110 of 2006
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Prof. Rajendra Prasad Keshri, son of late Nashib Lal Keshri, resident of
Subhash Palli, P.S. -Kishanganj, District-Kishanganj.
.... .... Petitioner
Versus
1. The State of Bihar
2. The Commissioner-Cum-Secretary, Human Resources Development
Department, Govt. of Bihar, Patna
3. The Director, Higher Education, Govt. of Bihar, Patna
4. The Vice Chancellor, B. N. Mandal University, Madhepura.
5. The Registrar, B. N. Mandal University, Madhepura.
6. The Finance Officer, B. N. Mandal University, Madhepura.
.... .... Respondents
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Appearance :
For the Petitioner/s :
For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
10. 11-02-2013Heard learned counsel for the petitioner, learned S.C. 7 for the State and learned counsel appearing for the B. N. Mandal University, Madhepura.
It is common ground that the grievance of the petitioner has been substantially redressed. Learned counsel for the petitioner does not contest the same, but submits that as of now, based on the judicial pronouncement of the Hon'ble Supreme Court, certain benefits by way of 50% merger of DA with basic pay, the petitioner is also entitled to some extra Patna High Court CWJC No.14110 of 2006 (10) dt.11-02-2013 2 financial benefit which till date remains unpaid. He further states that revision of pension based upon the 6th Pay Revision Commission report being accepted, the same shall also result in extra financial benefit to the petitioner. In support of his contention learned counsel referes to the letter no. 181 dated 2nd February, 2012 of the Education Department, Government of Bihar to all the Vice Chancellors relating to merger of 50% DA with basic pay as well as letter no. 1674 dated 16 th August 2012 which is resolution regarding implementation of the recommendation of the 6th Pay Revision Commission. Learned counsel seeks liberty so that petitioner may file a representation with regard to the above two claims and the respondents be directed to pass appropriate orders and also make payment the due thereafter.
In view of the aforesaid, this writ petition stands disposed off with liberty to the petitioner to file an appropriate representation before respondent no. 5 with a copy to the respondent no. 2 with regard to his claim regarding 50% merger of DA with basic pay as well as implementation and payment as per the recommendation of the 6th Pay Revision Commission. If such representation is filed within two months from today along with a copy of this order, the concerned respondents shall take Patna High Court CWJC No.14110 of 2006 (10) dt.11-02-2013 3 appropriate action on the same within the next two months. The petitioner, if found entitled for financial benefits, the same shall also be paid to him within two months thereafter. Such payment shall be the joint responsibility of the University as well as State.
(Ahsanuddin Amanullah, J.) Ashwini/-