Dr. Urmila Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7358 of 2017 ======================================================

1. Dr. Urmila Sinha, Wife of Late Upendra Kumar Sinha, resident of J/6, P.C. Colony, Kankarbagh, P.S. Kankarbagh, District- Patna .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Human Resources Department, New Secretariat, Bihar, Patna.

2. Principal Secretary, Human Resources Department, New Secretariat, Bihar, Patna.

3. Magadh University, through its Registrar, Bodh Gaya, District- Gaya.

4. Registrar, Magadh University, Bodh-Gaya, District- Gaya.

5. Finance Officer, Magadh University Bodh-Gaya, District- Gaya.

6. Principal, Ganga Devi Mahila Mahavidyalaya, Kankarbagh, Patna. .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Ranjan, Adv. For the State : Mr. Vivek Anand Amritesh, AC to SC XXVIII For the University : Mr. Priyank Deepak, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State as well as the learned counsel for the University.

On behalf of respondents no. 3 to 5 a counter affidavit has been filed wherein in paragraph 12 the statement has been made on behalf of the University that the difference of salary in Reader pay scale has been found admissible and cheque has been issued for payment of Rs.7,22,585/- and remaining balance of 30%, i.e., Rs.2,40,861/- has been paid vide cheque no. 065778, dated 11.01.2018, under letter no. Fin/Sal/145/18, dated 16.01.2018. In paragraphs 8 to 12 of the counter affidavit specific averments have been made with regard to the step taken by the respondent-University with regard to the payment of salary to the

Patna High Court CWJC No.7358 of 2017 (3) dt.15-02-2018 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner has not received the amount as indicated in the counter affidavit.

In the above circumstances, respondents are directed to pay the amount to the petitioner as indicated above within a maximum period of sixty days, from the date of receipt/production of a copy of this order, along with a copy of the order of this Court.

Liberty shall be available to the petitioner to raise the issue with regard to error in calculation of the claim of the petitioner, if petitioner represents with regard to the same, within a period of one month from the date of receipt of the payment, along with a copy of this order, the respondent-University will dispose of the representation by reasoned and speaking order within a period of two months of filing of such representation. With the aforesaid observations, this application stands disposed off.

(Anil Kumar Upadhyay, J) SA/- U