Fazle Rub v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7686 of 2017 =========================================================== Fazle Rub, Son of Md. Quasim, Resident & at + P.O.- Madhepur, P.S. Madhepur, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The L. N. Mithila University, Kameshwarnagar Darbhanga through its ViceChancellor.

3. The Vice-Chancellor, L. N. Mithila University, Kameshwarnagar, Darbhanga.

4. The Registrar, L. N. Mithila University, Kameshwarnagar, Darbhanga.

5. The Finance Officer, L. N. Mithila University, Kameshwarnagar, Darbhanga.

6. The Principal, H.P.S. College, Madhepur, District- Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Ms. Anju Jha, Advocate For the State :

Mr. Prabhakar Jha, G.P. 27 For the University :

Dr. Anshuman, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-04-2018 Heard learned counsel for the petitioner; State and L. N. Mithila University (hereinafter referred to as the 'University').

2. From the pleadings on record, it appears that the admitted dues of the petitioner have been paid. However, learned counsel for the petitioner submitted that though the Principal of the College concerned had recommended for payment of 300 days of earned leave, but payment has been made only for 181 days.

3. Having regard to the aforesaid, as the issue is based purely on facts and there is nothing for adjudication, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the Vice Chancellor of the University giving

Patna High Court CWJC No.7686 of 2017 dt.18-04-2018 2/2 detailed calculation of his claim relating payment of full 300 days of earned leave. If such a representation is filed within four weeks from today, the Vice Chancellor shall get it verified from the official records of the University/College and pass a reasoned order within four weeks from filing of such representation. If it transpires that any further amount is payable to the petitioner, the same shall be paid to him within four weeks from the date of passing of the order.

4. It goes without saying that the petitioner shall also be entitled to statutory interest, as permissible under law, and if the same has not been paid, the same shall be paid to him within the same time period, upon the petitioner pointing out to such non payment.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U