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Patna High CourtCWJC/1069/2023disposed

Kaushal Kishore Thakur v. The State Of Bihar

2023-05-03Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1069 of 2023 ====================================================== Kaushal Kishore Thakur S/o Dhrub Narayan Thakur, Resident of Near Bus Stand, Kadhirabad Neem Pokhar, P.S.- Darbhanga, District- Darbhanga, retired as Re-designated as Demonstrator in C.M. Science College, Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Vice Chancellor, L.N. Mithila University, Darbhanga. 4.

The Registrar, L.N. Mithila University, Darbhanga. 5.

The Finance Officer, L.N. Mithila University, Darbhanga. 6.

The Principal, C.M. Science College, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the State :

Mr. Jai Prabhat Kishore, AC to SC-13 For the University :

Mr. Md. Nadim Seraj, Advocate Mr. Shailesh Kumar, Advocate Mr. Shahnaz Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-05-2023 Heard Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the petitioner, Mr. Jai Prabhat Kishore, learned AC to learned SC-13 for the State and Mr. Md. Nadim Seraj, learned counsel for the University.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the authority concerned and the claim of the petitioner has been forwarded by the Principal of the concerned

Patna High Court CWJC No.1069 of 2023(2) dt.03-05-2023 2/3 college and the delay in making payment is being caused by the Registrar of the University.

3. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of three weeks in spite of the fact that the University is stressed due to non-availability of fund.

4. The Vice-Chancellor, Registrar and Finance Officer of L.N. Mithila University, Darbhanga, must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating speedy redressal of the genuine grievance and prevent unnecessary litigation.

5. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

6. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a

Patna High Court CWJC No.1069 of 2023(2) dt.03-05-2023 3/3 period of three weeks.

7. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.

8. With the above observation/direction, the present writ petition is allowed.

(Purnendu Singh, J) Niraj/- U