Udai Narain Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4601 of 2021 ====================================================== 1.
Udai Narain Singh Son of Ramchandra Singh Resident of Teknvas, Mahammadpur, P.s.- Sidhwalia, District- Gopalganj, Presently working as a Reader, G.L.M. College, Banmankhi, District- Purnea 2.
Suresh Nayak Son of Mathuri Nayak Resident of Professor Colony, Resident of Ward no. 25, Forbisganj, P.s.- Forbisganj, District- Araria, presently working as a Reader, Forbisganj College, Forbisganj, District- Araria 3.
Chandreshwer Kumar Mishra Son of Parasnath Mishra resident of 46A, Near Transformer, Shivpuri, P.s.- Garu, District- Latehar (Jharkhand), presently working as as Reader, G.L.M. College, Banmankhi, DistrictPurnea 4.
Dr. Anwar Hussain Son of Lat Sagir Ahmad resident of Quarter no. 10, D.S. College, Campus, Ram Nagar, P.s.- Katihar, District- Katihar, presently working as a Reader D.S. College, katihar, District- Katihar 5.
Geeta Agrawal Wife of Pradeep Kumar Agrawal resident of Line Bazar Purnea, P.s.- Purnea, District- Purnea presently working as a Reader, Purnea college, Purnea, District- Purnea 6.
Anil Kumar Son of Banwari Prasad Yadav resident of Ward no. 2, Anand Vihar, Madhepura, P.s.- Madhepura, District- Madhepura, presently working as a Reader M.L. Arya College, Kasba, District- Purnea 7.
Ramdayal Paswan Son of Late Ramsharan paswan resident of ward no. 18, Court Station, Janta Chowk, Purnea, P.s.- PUrnea, District- Purnea, presently working as a Reader Purnea College, District- Purnea 8.
Ashok Pathak Son of Lilakant Pathak resident of Krishna Mandir, Karanpur, P.s.- Supaul, District- Supaul, presently working as a Reader Araria College, Araria, District- Araria 9.
Abdus Salam Son of Md. Habibur Rahman resident of ward no. 7, Koshkipur, Tola- Laxmipur, Near Masjid, P.o.- Araria Bairgachhi, P.s.- Araria, District- Araria, presently working as a Reader Araria College, Araria, District- Araria 10.
Izhar Hussain Son of Nizam Uddin resident of near Masjid, Chainpur, P.s.- Araria, District- Ararria, presently working as a Reader Nehru College, Bahadurganj, District- Kishanganj 11.
Md. Zamirul Alam Son of Hafizuddin resident of Line Paa, Salma House, Ward no. 17, Kishanganj, P.s.- Kishanganj, Distict- Kishanganj, presently working as a Reader Nehru College, Bahadurganj District- Kishanganj 12.
Ajay Kumar Pandey Son of Tapeshwar Prasad Pandey resident of Bhuthnath Mandir, Prabhat Colony, Purnea, P.s.- Purnea, District- Purnea, presently working as a Reader Purnea College, Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Education Department, Government of Bihar, Patna 3.
The director Higher Education Department, Government of Bihar, Patna
2/4 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 7.
The Vice Chancellor, Purnea University, Purnea 8.
The Registrar, Purnea University, Purnea 9.
The finance Officer, Purnea University, Purnea ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh For the Respondent/s :
Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 13-03-2024 Heard learned counsel for the petitioners, learned counsel for the Universities and learned counsel for the State.
2. The present writ petition has been filed for the following reliefs:
(I) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent Authorities to revise the pay scale of the petitioner in promoted scale with Ph.D incentives from the respective date of their promotion to the post of Reader under the Career Advancement Scheme pursuant to the notification contained in memo no. 107 of 2019 dated 28.01.2019 issued under the signature of the Respondent no. 5.
(II) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent Authorities
3/4 to pay the differences of arrears of salary and other consequential monetary benefits from the respective date of their promotion to the rank of Reader with interest.
(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners shall be found entitled under the facts and circumstances of the case.
3. Learned counsel for the Universities submits that though by memo no. PUP (FO-153/22)-R22-328 dated 27.03.2023, the University had sent the letter to the State Government for releasing the fund but till date the same has not been released, therefore, payment could not be made to the petitioners.
4. Considering the submission of the learned counsel for the Universities, respondent no. 3 is directed to release the found in favour of the Universities within six weeks. After receiving the said fund, the Universities shall pay the arrears to the petitioners within six weeks thereafter.
5. If the payment is not made in the stipulated period, the petitioners shall be entitled for interest @ 4 % per annum.
6. It is made clear that respondent no. 3 shall be personally responsible for non-compliance of this order within
4/4 the stipulates period.
7. With the aforesaid observation and direction, this writ petition is disposed of.
(Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.03.2024 Transmission Date NA