PARMESHWAR SINGH SON OF LATE YADU NANDAN SINGH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State; B.R.A. Bihar University and J.P. University.

(2.) Counter affidavit has been filed on behalf of B.R.A. Bihar University whereas supplementary counter affidavit has been filed on behalf of J.P. University.

(3.) From the materials on record, it transpires that the J.P. University, which is required to make the payment, has paid Earned Leave dues and Group Insurance at the rate of 12.5%. However, no calculation chart with regard to computation of Earned Leave has been brought on record and further the computation chart relating to Group Insurance discloses that though the total amount, along with interest till October, 1982 in the account of the petitioner was Rs. 11068/- and from November, 1992, the calculation has been made afresh without the opening balance being shown as Rs. 11068/- and, thus, obviously, the accounting is erroneous. The Group Insurance account of an employee is a running account and as is not connected with any bifurcation of any University, as the same only results in the account being administered by one authority being substituted by another authority. The employee concerned has nothing to do in the matter and his account cannot be bifurcated into two periods. Once the account has been initiated in December, 1985 by the present petitioner, till the end, it has to be continuous and ongoing on which the admissible interest has to be paid in continuity.