Uday Shankar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2742 of 2017 =========================================================== Uday Shankar Prasad Singh, Son of Late Ramdeo Prasad Singh, Resident of Village- Manjhaul, P.S.- Manjhaul, District- Begusarai, retired from the posted as Associate Professor in the Department of Mathematics, R.C.S. College, Manjhaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Higher Education, Government of Bihar, Patna.

3. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. The Principal, R.C.S. College, Manjhaul, Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the L. N. M. University :

Ms. Archana Palkar Khopde, Advocate For the State :

Mr. Prabhakar Jha, G.P. 27 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 30-03-2018 Heard learned counsel for the petitioner; State and L.N. Mithila University (hereinafter referred to as the 'University').

2. The matter relates to payment / encashment of earned leave.

3. It has been pointed out to the Court that the Hon'ble Lokayukta has passed certain directions with regard to payment of earned leave of 131 days for the strike period in respect of the present University.

4. Learned counsel for the University submitted that in

Patna High Court CWJC No.2742 of 2017 dt.30-03-2018 2/2 terms of the time granted by the Lokayukta, they would be complying with the said order.

5. Be that as it may, the Court is not required to issue any mandamus to the University for making such payment as the same can only be issued upon the Court being convinced or the Court having gone into the merits and then taking a final view. However, learned counsel for the University has taken a stand that they are in the process of implementing the direction of the Hon'ble Lokayukta.

6. As agreed between the parties, the writ petition stands disposed off with the observation that the case of the petitioner shall also be governed by the final order to be passed by the University upon such consideration.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U