LAWS(PAT)-1998-11-34

NAGASHWAR SHARMA Vs. STATE OF BIHAR

Decided On November 11, 1998
Nagashwar Sharma Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS writ application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for a direction to the respondents to pay the pensionary benefits to the petitioner who has retired as Principal from S.V.A.N.College, Jehanabad on 31st of December, 1992.

(2.) SHORTLY stated the case of the petitioner is that initially he was appointed as a lecturer in R.S.College, Tarapur in the district of Bhagalpur on 20th of November, 1961 and after continuous service of 31 years and one month he retired from the service as Principal from the College, in question on 1st of December, 1992. It is alleged that after retirement the petitioner approached the respondents times without number for payment of the legal dues but for the reasons best known to them, the payment has not been made so far. According to the petitioner the entire provident fund amounts, the related Pass Book are with the Magadh University. The total amount of dues legally payable to the petitioner has been mentioned in Annexure -6 to this writ application which reads thus : ''That the amount of dues of the petitioner, as per the account done by him on various heads of dues comes as follows: -The petitioner has filed due and proper application for the release of these dues to the University.

(3.) BENEFIT to the petitioner has not been denied either by the State Respondents or by the University and as such, the admitted dues, legally payable to the petitioner cannot be withheld on such flimsy grounds.