Manoj Kumar v. The Patliputra University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5324 of 2021 ====================================================== Manoj Kumar S/o Late Basudeo Prasad R/o Mohalla-Nehru Nagar Shri Krishna Nagar P.S.-Patliputra, Distt.-Patna At Present Working as Lab incharge, Chemistary Department, A.N. College, Patna, P.S.-Sri Krishnapuri, Dist-Patna.

... ... Petitioner/s

Versus

1.

The Patliputra University, Kankarbag, Patna. through Its Registrar. 2.

The Vice Chancellor Patliputra University, Kankarbag, Patna. 3.

The Registrar Patliputra University, Kankarbag, Patna. 4.

The Principal A.N. College, Patna.

5.

The Dr. Sashi Pratap Sashi, Principal A.N. College, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Respondent/s :

Mr. Dr. Anand Kumar, Advocate For the Patliputra University:

Mr. Rana Vikram Singh, Advocate Mrs. Rasika, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 03-12-2024 The petitioner joined as Laboratory Incharge of A.N. College, Patna under the control of Patliputra University, Patna.

2. The allegation of the petitioner is that his salary was not paid by the Principal of the College inspite of several representations starting from 19.07.2020 to 16.09.2020. It is also stated that by the petitioner that the petitioner never committed any dereliction of duty and no departmental proceeding was initiated against him. He retired from service on 22.08.2022 on completion of the age of superannuation. During his service period, the petitioner suffered with ailments affecting his kidney, previously also petitioner's salary was stopped as he

Patna High Court CWJC No.5324 of 2021(14) dt.03-12-2024 2/3 could not join the duties due to his illness but the same was released in view of the order passed in CWJC No.16357 of 2017. Now the petitioner is aggrieved only for non-payment of salary for the month of April, 2019 to July, 2020.

3. A counter affidavit has been filed on behalf of the State stating inter-alia that the petitioner was absent during the said period allegedly on the ground of illness, the principal requesting him to produce the medical papers but the petitioner did not file any medical document in support of his illness.

4. Subsequently, the University filed a separate counter affidavit admitting the claim of the petitioner in Para-11 of the said counter affidavit, but pray for some time for procedural compliance to make such payment.

5. Today, the learned Advocate of the University submits that the payment of salary for the aforesaid period has already been paid and it is credited to the account of the petitioner. In support of his contention he submits a payment slip through CFMS issued by A.N. College, Patna under Patliputra University. The said payment was made on being counter signed by the Registrar of the University only on 29.11.2024.

6. Considering such aspect of the matter that the

Patna High Court CWJC No.5324 of 2021(14) dt.03-12-2024 3/3 payment of arrear salary has already been made. This Court is of the view that nothing remains in the instant writ petition

7. Accordingly, the instant writ petition is disposed of recording compliance of the order by A.N. College, Patna under Patliputra University, Patna.

(Bibek Chaudhuri, J) mdrashid/- U