Ex- Servicemens Welfare Association v. The Vice Chancellor Magadh University, Bodh Gaya And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11268 of 2017 ====================================================== Ex- Servicemen's Welfare Association, Albert Ekka Smarak Bhwan Amarnath Path Adalatganj, Patna-800001, P.S. Kotwali, District - Patna. Through Dhruv Singh S/o Late Banke Bihari Singh, Administrative Secretary, ExServicemen's Welfare Association. Albert Ekka Smarak Bhawan Amarnath Path Adalatganj, Patna- 800001, P.S. Kotwali, District- Patna. ... ... Petitioner

Versus

1. The Vice Chancellor Magadh University, Bodh Gaya.

2. The Principal A.N.S. College Barh (Magadh University). ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Magadh University:

Mr.Shivendra Kishor, Sr. Adovcate Mr. Arbind Nath P, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-01-2019 Heard Learned counsel for the petitioner and Mr. Shivendra Kishor, learned Senior Advocate representing the Vice Chancellor, Magadh University, Bodh Gaya. This writ application has been filed seeking a direction to the respondent authorities to make payment of the bills dated 06.04.2015 as contained in Annexure-3 series for the services provided to Anugrah Narayan Singh College, Barh (hereinafter referred to as 'the College') by the petitioner's Association.

Learned counsel for the petitioner refers Annexure-1 by which the Professor-in-Charge of the College had requisitioned for 02 Armed Guard, 04 Guard, 04 Computer

Patna High Court CWJC No.11268 of 2017(2) dt.29-01-2019 2/3 Assistant, 04 Sweeper and 04 Peon from the petitioner's Association. It is submitted that as per requisition, the number of guards etc. were provided to the College but when the bills as contained in Annexure-3 series was sent for Rs. 19,52,374/-, the same has not been paid.

Mr. Shivendra Kishor, learned Senior Counsel representing the Magadh University submits that so far as Magadh University is concerned, at the relevant point of time the University had released over Rs. 19,00,000/- to the College for the financial year 2014-15. Learned Senior Counsel informes this Court that now this College is under Patliputra University.

In the given facts and circumstances of the case, this Court is of the considered opinion that a direction is required to be issued to the Anugrah Narayan Singh College, Barh, Patna to look into the matter, examine the bills of the petitioner and in case it is found that the services of the guards, computer assistant, sweeper and peon were availed pursuant to Annexure1 to the writ application, the Principal of the College shall be obliged to release the admissible dues to the petitioner within a period of two months form the date of receipt/production of a copy of this order.

Patna High Court CWJC No.11268 of 2017(2) dt.29-01-2019 3/3 In case the Principal of the College finds that the claim is not payable, a reasoned order shall be passed by him which will be communicated to the petitioner within the aforesaid period. It will be the responsibility of the Principal of the College to ensure that the admissible dues be paid to the petitioner.

This writ application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) avin/-vedU