Jagdanand Jha And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 13311 of 2018 ======================================================
1. Jagdanand Jha S/o Late Yoganand Jha R/o 125, Indrapuri, Road No. 0, P.S. Patliputra, Town & District Patna - 24.
2. Dr. Vivekanand Mishra S/o Late Prof. Nityanand Mishra R/o 11, Pushkar Apartment, Near Gandhi Murti, Patel Nagar, P.S. Shastri Nagar, Town & District - Patna - 23.
3. Dr. Kashi Nath Singh S/o Late Bhutan Singh R/o Flat No. F /2, Basodevan Apartment, S.K.Puri (North), P.S. S.K.Puri, Patna - 13.
4. Dr. C.D. Sinha S/o Late Damodar Singh R/o Tilak Marg, North S.K. Puri, P.S. S.K. Puri, Patna - 13.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2. The Director, Higher Education Department, Govt. of Bihar, Patna.
3. Lalit Narayan Mishra Institute of Economic Development and Social Change through its Director Bailey Road, Patna - 800001.
4. The Managing Committee, Lalit Narayan Mishra Institute of Economic Development and Social Change through its Director, Bailey Road, Patna.
5. The Chairman, Lalit Narayan Mishra Institute of Economic Development and Social Change through its Director, Bailey Road, Patna - 800001.
6. The Director, Lalit Narayan Mishra Institute of Economic Development and Social Change through its Director, Bailey Road, Patna - 800001. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr P K Jha, Advocate For the S t a t e : Mr Apurv Harsh, AC to SC XXVIII For Respondents No 3 to 6 :
Mr Ravindra Kr Sharma, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Petitioners are Teaching and Administrative Staff of the Lalit Narayan Mishra Institute of Economic Development and Social Change (for brevity, the Institute). Their demand of arrears on account of difference of salary arising out of revision and other arrears are pending for consideration before the
Patna High Court CWJC No.13311 of 2018(2) dt.14-12-2018 2/3 Director of the Institute as is evident from Annexures 8 and 9 series of the writ petition.
The issue has also to be examined in respect of the Bihar State Litigation Policy, 2011 and more specifically Section 4.C (1) thereof which provides for similar treatment in respect of covered matters. Such observation is being made as it is submitted by the learned counsel for the petitioners that the petitioners' claim is covered by the decision of this Court in the case of Dr Shiva Deo Singh & Others -Versus- The State of Bihar & Others in CWJC No 4580 of 2015 (Annexure 6). So as to enable better consideration of the petitioners' claim, this Court would dispose of the writ petition with liberty to the petitioners to make a comprehensive application before the Director of the Institute within a period of four weeks from today.
In the event, such an application is filed, the Director of the Institute would be obliged to process the same as per eligibility and if found due, to facilitate payment in respect thereof by forwarding their claims before the State respondentauthorities. This Court would be pleased if the entire exercise including payment of any dues that they may be entitled to in
Patna High Court CWJC No.13311 of 2018(2) dt.14-12-2018 3/3 respect of the petitioner's claim shall be completed within a period of three months.
(Madhuresh Prasad, J) M.E.H./- U