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Patna High CourtCWJC/7988/2017disposed

Prof. Bimal Chandra Thakur v. The State Of Bihar And ORS

2018-02-16Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7988 of 2017 =========================================================== Prof. Bimal Chandra Thakur, Son of Late Yashoda Thakur, Resident of Kalibari Binodpur, P.S.+District-Katihar, retired as University Professor in the Subject of Mathili from Darshan Sah College, Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Vice Chancellor, B.N. Mandal University, Madhepura.

4. The Registrar, B.N. Mandal University, Lalu Nagar, Madhepura.

5. The Finance Officer, B.N. Mandal University, Lalu Nagar, Madhepura.

6. The Vice Chancellor, L.N. Mithila University, Darbhanga.

7. The Registrar. L.N.Mithila University, Darbhanga.

8. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

9. The Principal, Darshan Sah College, Katihar, a Constituent Unit of B.N.Mandal University, Lalu Nagar, Madhepura.

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

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the B.N.M.U.

:

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

:

Mr. Jawed Gaffar Khan, Advocate For the State :

Mr. Hitesh Suman, A.C. to S.C. 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-02-2018 Heard learned counsel for the petitioner; State; L.N. Mithila University and B.N. Mandal University.

2. From the pleadings on record, it appears that the admitted retiral dues of the petitioner have been paid, except for D.A.

Patna High Court CWJC No.7988 of 2017 dt.16-02-2018 2/3 merger and arrears of salary, which, as per the stand taken in the counter affidavit filed on behalf of the B.N. Mandal University is under process. Further, it appears that some part of D.D.A. remains to be paid by the L.N. Mithila University for the period when his service was under the L.N. Mithila University, for which necessary information has been sought from the Principal, D.S. College, Katihar which is now under B.N. Mandal University.

3. Learned counsel for the B.N. Mandal University submitted that within one month, the amount of D.A. merger and difference of salary shall be paid to the petitioner and further, that within one week from today, the Principal D.S. College, Katihar shall forward the required information to the L.N. Mithila University. Learned counsel for the L.N. Mithila University submitted that within three weeks from the date of receipt of the information sought, the amount which is due to be paid shall be paid to the petitioner.

4. In view of the commitment made by learned counsel for the L.N. Mithila University and B.N. Mandal University before the Court, as recorded hereinabove, the writ petition stands disposed off with the observation that the payments, in terms of the aforesaid undertaking shall be made to the petitioner without fail and the concerned respondents shall not give opportunity to the Court in

Patna High Court CWJC No.7988 of 2017 dt.16-02-2018 3/3 future for the matter to be brought before it alleging non compliance/violation of such commitment.

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