Renuka Kumari Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15441 of 2016 ====================================================== Renuka Kumari Sinha, Daughter of Late Gopal Prasad, Resident of Shanti Bhawan, Madho Bihari Lane, Mohalla- Salempur, Post Office and Police Station- Chapra, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

2. Jai Prakash University, Chapra, through its Registrar, District- Chapra.

3. The Vice- Chancellor, Jai Prakash University, Chapra.

4. The Registrar, Jai Praksh University, Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubh Narain Singh, Advocate For the Respondent/s : Mr. AC to SC- 16 For J.P. University : Mr. Nagendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and State as well as learned counsel for J.P. University.

Learned counsel for the petitioner submits that during the pendency of the writ application payment has been made up to 2005. He submits that the grievance of the petitioner for payment of salary w.e.f. 01.01.2006 onwards is still pending with the University.

He further submits that the petitioner has superannuated on 31.03.2016 and, as such, the writ application may be disposed of with a direction to the University to examine the record and consider the entitlement of the petitioner after verification of the relevant records.

Learned counsel for the University submits that there

Patna High Court CWJC No.15441 of 2016 (2) dt.20-02-2018 2/2 are many factual issues involved in the present writ application. In view of the above, the writ application is disposed of with liberty to the petitioner to file exhaustive representation substantiating his claim for payment of salary for the period 01.01.2006 to 31.03.2016. In case, such representation is filed by the petitioner enclosing all the relevant documents, in support of his claim, the University is required to verify the same and pass appropriate order with regard to the entitlement of the petitioner for payment of salary for the period indicated hereinabove. In the event, the respondents find the claim of the petitioner for payment of salary is justified, necessary follow up order must be passed so that the monetary benefit, if any, admissible to the petitioner, must reach the petitioner. The entire exercise in this regard must be taken by the University within a period of four months from the date of filing of representation along with a copy of this order.

In the event, the petitioner is not satisfied with the adjudication by the University, liberty shall be available to the petitioner to agitate afresh in accordance with law. (Anil Kumar Upadhyay, J) Uday/- U