Dr. Ambarish Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11143 of 2017 ====================================================== Dr. Ambarish Kumar Jha, Son of Late Kamla Kant Jha, Resident of Ward No.46 Kabilpur, P.O.- Laheriasarai, Police Station Bahadurpur, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Principal Secretary, Education Department, Government of Bihar, Patna.

3. Lalit Narayan Mithila University through its Registrar, Kameshwar Nagar, Darbhanga.

4. Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

7. Principal, M.L.S.M. College, Darbhanga.

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

For the Petitioner/s : Mr. Gyanand Roy For the Respondent/s : Mr. Arvind Kumar - Gp23 For the University : Mr. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

From Annexure-9, it appears that the petitioner has represented before the Vice-Chancellor, L.N.M. University for payment of U.G.C. scale of pay of the period July 1988 to December, 2005 at the old rate and for the period April 2010 to February 2015 at the new rate. The pay verification cell of the Government of Bihar in the Education Department has verified the

Patna High Court CWJC No.11143 of 2017 (2) dt.21-12-2017 2/2 entitlement of the petitioner yet the petitioner has not been paid the benefit as fixed by the pay verification cell. The representation of the petitioner in this regard contained in Annexure-9 is pending since 6.7.2015.

Under the aforesaid circumstances, the ViceChancellor is directed to take final decision on the representation contained in Annexure-9 within a period of sixty days from the date of receipt/production of a copy of this order. The ViceChancellor is also required to fix accountability on the erring officers for delay in payment of monetary benefit arising out of the pay fixation by verification cell of the State Government. The monetary benefit admissible to the petitioner must be paid within a maximum period of sixty days from the date of receipt/production of a copy of this order.

In the event of delay in making the payment, the University shall fix accountability on the erring officers and pay interest @ 9 per cent per annum from the date of accrual to the date of actual payment.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U