Manoj Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11413 of 2014 ======================================================
1. Premjit Kumar Singh, son of late Nityanand Prasad singh, resident of Atardah, Pokharia Pir, Lane No. 3, P.O.- Ramna, P.S.- Kaji Mohammadpur, District- Muzaffarpur
2. Gulab Chandra Prasad Pandit, son of Late Kashi Prasad Pandit, resident of Nawada, Mairwa, P.S.- Mairwa, District- Siwan ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna
2. B.R. Ambedkar Bihar University, Muzaffarpur, through its Registrar null null
3. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur
4. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur
5. The Principal, Jeewachh College, Motipur, Muzaffarpur ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11593 of 2014 ====================================================== Manoj Kumar son of Shri Ram Niwas Singh resident of Parsa, P.O. - Parsa, P.S. - Majhauliya, District - East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.
2. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar.
3. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.
4. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.
5. The Principal, J.S. College, Chandauli, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhinav Srivastava, Advocate For the State :
Mr. Birju Prasad, GP-13 For the University :
Mr. Arabind Nath Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 26-07-2018 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the State and the University.
Patna High Court CWJC No.11413 of 2014 dt.26-07-2018 2/3
2. The limited prayer in the instant writ petition is for payment of arrears of salary for the period the petitioners were absorbed in the services of the College in question vide office order dated 9.2.2012, Annexure-10.
3. Once the petitioners were absorbed vide Annexure10, it goes without saying that the respondents have to pay salary to the petitioner after absorption. If for any reason payment was not made the University is required to ensure payment of salary after the order as contained in Annexure-10, if not already paid.
4. Learned counsel for the petitioners submits that salary in the instant case has commenced from November, 2016. The only grievance of the petitioners is non-payment of salary for the period January, 2012 to October, 2016.
5. The University is required to work out the entitlement of the petitioners and ensure payment of the salary for the aforesaid period within a period of four months from the date of receipt/production of a copy of this order.
6. In the event arrears are not paid to the petitioners within the aforesaid period, the arrears amount will carry interest at the rate of 9% per annum.
7. Mr. Arbind Nath Pandey, counsel for the University submits that the University has requested the State Government for
Patna High Court CWJC No.11413 of 2014 dt.26-07-2018 3/3 release of fund vide Annexure-18 but the State Government has not released appropriate fund.
8. The Court hopes and trusts that the State Government will release additional fund at the earliest within the time frame indicated hereinabove.
9. With the aforesaid both the writ petitions stand disposed of.
(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2018 Transmission Date