Satyendra Kumar Singh v. The Veer Kunwar University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.324 of 2022 ====================================================== Satyendra Kumar Singh, S/o Late Awadh Bihari Singh, Resident of MohallaShiv Colony, P.O. and P.S.- Fazalgunj District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The Veer Kunwar University Ara through the Vice Chancellor. 2.

The Registrar, Veer Kunwar University Ara.

3.

The Finance Officer, Veer Kunwar University Ara. 4.

The State of Bihar through the Principal Secretary, Department of Higher Education, Govt. of Bihar, Patna.

5.

The Principal Secretary, Department of Higher Education, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Tiwari, Advocate Mr. Pawan Kumar Verma, Advocate For the Respondent/s :

Ms. Abhanjali, AC to GA-12 For the University :

Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-07-2024 Heard Mr. Arun Kumar Tiwari, learned Advocate for the petitioner and Mr. Kinkar Kumar, learned Advocate for Veer Kunwar Singh University. The State is represented by Ms. Abhanjali, learned AC to GA-12.

2. The petitioner, who superannuated on 30.04.2017 from the post of Associate Professor, Zoology at Shri Shankar Mahavidyalya, Sasaram, has approached this Court for his arrears of salary worth Rs.2,26,925/- accumulated for the period 1980-90 (Rs.46,420/-), 1990-95 (Rs.50,505/-), 2006-10 (RS.1,30,000/-) lying with the respondents without any cause.

Patna High Court CWJC No.324 of 2022 dt.15-07-2024 2/3

3. Counter affidavits have been filed on behalf of respondent nos. 1 to 3 as well as respondent nos. 4 and 5.

4. The counter affidavit duly sworn by the Registrar, Veer Kunwar Singh University, Ara has categorically averred that the arrears of salary of the petitioner from 1980 to 2010 was examined and calculated by the accounts section and it was found that a total Rs.1,91,460/- is due to the petitioner in lieu of arrears of salary. The aforenoted amount has been sent to the college, in question, from where the petitioner was superannuated. It is further contended that the Principal of the College vide letter no. 189/24 dated 14.06.2024 has informed that the petitioner has been paid an amount of Rs.1,91,460/- after deducting Rs.8956/- as income tax.

5. Learned Advocate for the petitioner vehemently contended that neither the petitioner has been served with the calculation chart nor he has been informed as to why he is not entitled for the amount which has been sought for in the writ petition. In support of his contention, heavy reliance has been made on the calculation chart duly prepared by the college, the copy of which is marked as Annexure-7 to the writ petition.

6. Considering the rival submissions and the dispute of accounts, where this Court cannot delve into it and, as

Patna High Court CWJC No.324 of 2022 dt.15-07-2024 3/3 such, disposed of the writ petition with a caveat that if the petitioner is not satisfied with the amount paid on behalf of the University, the petitioner is at liberty to file a fresh detailed calculation chart / calculation chart duly prepared by the college to the Registrar of the University, who shall consider the claim of the petitioner by passing a reasoned and speaking order. Needless to observe, if any amount is still found payable to the petitioner, the same shall be paid forthwith.

7. With the aforesaid observation, the writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.07.2024 Transmission Date NA