Sheo Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.198 of 2018 ====================================================== Sheo Narayan Singh Son of late Kamleshwari Singh Associate Professor and Head of Department of Hindi, Arvind Mahila College, Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resoures Department, New Secretariat, Govt. of Bihar, Patna.

2. The Vice Chencellor, Magadh University, Bodh Gaya.

3. The Registrar, Magadh University, Bodh Gaya.

4. The Finance Officer, Magadh University, Bodh Gaya.

5. The OSD to the Governor, Bihar, Raj Bhawan, Patna.

6. The Principal, R.R.S. College, Mokama.

7. The Principal, Arvind Mahila College, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arabind Nath Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The grievance of the petitioner in the present writ petition is non-payment of arrears of salary for the period from 7th November, 1996 to 30th August, 2005. Since the claim has not been adjudicated by the respondent-University as yet, it would be desirable that the University shall examine the claim of the petitioner in accordance with law particularly in view of the fact that the secretariat of the Hon'ble Chancellor has earlier directed the University to take final decision on the representation of the petitioner by letter No. 2221 dated 8.6.2015, Annexure-3.

In view of the above the University is directed to take final

Patna High Court CWJC No.198 of 2018(2) dt.16-02-2018 2/2 decision on the claim of the petitioner so far as it relates to arrears of salary for the period from 7th November, 1996 to 30th August, 2005 and pass reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order.

In case the petitioner's claim is admitted by the respondents, the University is required to take necessary steps to ensure payment of the same within a further period of one month from the date of adjudication of the claim of the petitioner by the University. In the event the respondents does not find any merit in the claim of the petitioner, the University is required to pass reasoned and speaking order rejecting the claim of the petitioner.

It is made clear that this Court has not gone into the merit of the claim of the petitioner. It is for the University to examine the relevant record to take final decision in the matter of claim of the petitioner for payment of arrears of salary for the period mentioned hereinabove.

(Anil Kumar Upadhyay, J) spandey/- U