Rati Kant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4853 of 2018 In Civil Writ Jurisdiction Case No.15418 of 2011 ====================================================== Rati Kant Mishra Son of Late Fuchan Mishra Resident of Roshera, P.S.- Roshera, Dist- Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Higher Education Department, New Secretariat, Patna.

3.

The Director, Higher Education Department, New Secretariat, Patna. 4.

Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

5.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

6.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

7.

The Finance Advisor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

8.

The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

9.

The Chairman, Sanskrit College, Roshera, Samastipur. 10.

The Secretary, Governing Body, Sanskrit College, Roshera, Samastipur. 11.

The Principal, Sanskrit College, Roshera, Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anup Kumar Sinha, Adv.

For the State :

Ms. Abhanjali, Adv.

For the University :

Mr. Deepak Kumar, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-10-2023 Heard the parties.

2. In compliance of the order of this Court dated 06.07.2023 and further on 27.07.2023, supplementary show cause affidavit has been filed stating therein that earlier vide Memo No. 1172 dated 18.10.2022 the University had issued an Office Order for payment of Rs. 47,56,965/- to the petitioner and the same has been credited into the account of the petitioner. Further in light of the order of this Court 27.07.2023, the

Patna High Court MJC No.4853 of 2018(10) dt.07-10-2023 2/2 University has also paid Rs. 428127/- towards the interest vide Cheque No. 872483 dated 17.08.2023. Thus, he submits that the grievance of the petitioner has been fully redressed.

3. At this stage, learned counsel for the petitioner submits that the entire calculation has been made on the basis of incorrect pay-scale and hence the order of this Court has not been complied with in letter and spirit.

4. So far the grievance of the petitioner that the pay structure for which he was entitled to has not been calculated, this Court, on 06.07.2023 itself, had observed that in the opinion of this Court if the petitioner has any grievance with regard to the calculation on the basis of wrong pay structure, he can agitate the same before an appropriate court and the contempt court has only to see whether the order passed in CWJC No. 15418 of 2011 stands complied or not.

5. In view of the aforesaid, the present contempt petition stands disposed of with liberty to the petitioner to take appropriate remedy, if he is not satisfied with the calculation made by the University.

(Harish Kumar, J) Anjani/- U