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Patna High CourtCWJC/2904/2023disposed

Dr. Waquar Ahmad v. The State Of Bihar

2023-05-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2904 of 2023 ====================================================== Dr. Waquar Ahmad son of Late Mohammad Saleh, Resident of Road no. 4, Nagmatia Colony, Police Station- Civil Line, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

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

3.

The L.N. Mithila University through the Registrar, Darbhanga. 4.

The Vice- Chancellor, L.N. Mithila University, Darbhanga. 5.

The Registrar, L.N. Mithila University, Darbhanga. 6.

The Principal G.M.R.D. College Mohanpur Samastipur. 7.

The Magadh University through the Registrar, Bodh Gaya. 8.

The Vice- Chancellor, Magadh University, Bodh Gaya. 9.

The Registrar, Magadh University, Bodh Gaya.

10.

The Principal, Gaya College, Gaya.

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

For the Petitioner/s :

Mr.Virendra Prasad, Advocate For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( SC 13 ) For the LNMU University:

Mr.Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2023 Heard Mr. Virendra Prasad, learned counsel appearing on behalf of the petitioner, Mr. Jitendra Kumar Roy I, learned SC 13 for the State and Mr. Shailesh Kumar, learned counsel appearing for the University.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the authority concerned and the claim of the petitioner has been forwarded by the Principal of the concerned

Patna High Court CWJC No.2904 of 2023(2) dt.12-05-2023 2/3 College and the delay in making payment is being caused by the Registrar of the University.

3. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of three weeks in spite of the fact that the University is stressed due to non-availability of fund.

4. The Vice-Chancellor, the Registrar and the Finance Officer of L.N. Mithila University, Darbhanga, must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating speedy redressal of the genuine grievance and prevent unnecessary litigation.

5. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

6. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a

Patna High Court CWJC No.2904 of 2023(2) dt.12-05-2023 3/3 period of three weeks.

7. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.

8. Mr. Jitendra Kumar Roy, learned SC 13 must ensure to communicate this order to the Additional Chief Secretary, Education Department, Government of Bihar and the Additional Chief Secretary, Finance Department, Government of Bihar and they will ensure compliance of this order.

9. With the above observation/direction, the present writ petition is allowed.

(Purnendu Singh, J) chn/- U