Satya Narayan ChoudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3308 of 2024
                                                      In
                               Civil Writ Jurisdiction Case No.9747 of 2023
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           1.     Satya Narayan Choudhary S/o Manoj Choudhary, village - Pawara, P.S. -
                  Manjhaul, District Begusarai, retired as class IV employee, S.K. Mahila
                  College, Begusarai.
           2.    Indu Devi, W/o Mahendra Prasad Das, resident of village - Vishnupur, P.O. -
                 Mirjapur, Bandawar, P.S. and District - Begusarai, retired peon in S.K.
                 Mahila College, Begusarai.
           3.    Jai Kishore Singh, S/o Late Saudagar Singh, resident of village -
                 Mahendrapur, P.S. - Naya Gaon District - Begusarai, retired as Peon, S.K.
                 Mahila College, Begusarai.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna, now Additional Chief Secretary,
                 Education Department , Govt. of Bihar, Patna namely Shri Sandeep Pondrik.
           2.    Shri Sandeep Pondrik, Presently Posted as Additional Chief Secretary,
                 Education Department, Govt. of Bihar, Patna.
           3.    Dr. S.K. Singh, Presently Posted as Vice-Chancellor, L.N. Mithila
                 University, Kameshwar Nagar, Darbhanga.
           4.    Dr. Ajay Pandit, Presently Posted as Registrar, Lalit Narayan Mithila
                 University, Kameshwar Nagar, Darbhanga.
           5.    Sri Rajan Kumar Sinha, Presently Posted as Finance Officer, Lalit Narayan
                 Mithila University, Kameshwar Nagar, Darbhanga.
           6.    Dr. Vimal Kumar, Presently Posted as Principal, S.K. Mahila College,
                 Begusarai.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :    Mr.Shashi Bhushan Singh, Advocate
                 For LNMU                 :    Mr.Kinkar Kumar, Advocate
                 For the Opposite Party/s :    Mr.Subhash Chandra Mishra, SC 16
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                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   11-03-2026                  Heard Mr. Shashi Bhushan Singh, learned counsel

                   appearing on behalf of the petitioner; Mr. Kinkar Kumar,

                   learned counsel for the Lalit Narayan Mithila University and
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          Mr. Subhash Chandra Mishra, learned SC 16 for the State.

                       2. Mr. Kinkar Kumar, learned counsel appearing on

          behalf of Opposite Parties No. 3 to 5 informs this Court that the

          petitioner’s claim with regard to fixation of pension and

          payment of retiral benefits along with the benefits of

          ACP/MACP from the initial date of appointment has already

          been considered. It is further submitted that substantial amount

          has been paid to the petitioner, as mentioned in paragraphs 6 and

          7 of the show cause filed on behalf of the Opposite Parties.

                       3. Learned counsel appearing on behalf of the

          petitioner, however, submitted that he is not satisfied with the

          calculation made by the authorities and he contended that the

          entire amount legally payable to the petitioner has still not been

          paid.

                       4. It is further submitted that the Government Circular

          as contained in Memo No. 169 dated 28.01.2013 is self-

          explanatory and the same has not been properly complied with

          by the authorities. It is also submitted that the adjustment

          claimed by Opposite Parties No. 3 to 5 is not in accordance with

          the law laid down by the Apex Court in the case of State of

          Punjab & Ors. vs. Rafiq Masih, reported in AIR 2015 (4) SCC

          334, which has subsequently been clarified in the case of
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                  Thomas Daniel vs. State of Kerala & Ors., reported in 2022

                  LiveLaw (SC) 438.

                               5. Upon consideration of the submissions made on

                  behalf of the parties and on perusal of the materials on record,

                  this Court finds that the order passed earlier has been

                  substantially complied with. So far as, the grievance of the

                  petitioner relating to the calculation and the issue of recovery

                  after the payment received by the petitioner becomes a fresh

                  cause of action, which requires to be considered by the

                  competent authorities of the University and the State

                  Government.

                               6. The petitioner may approach the Registrar of the

                  concerned University if he is not satisfied in any manner on

                  account of the more payment of amount on account of any other

                  dues, which shall be considered expeditiously by the concerned

                  authorities.

                               7. The present application accordingly stands

                  disposed of.



                                            (Purnendu Singh, J)
chn/-

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