Professor Ram Mohan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6996 of 2019 ====================================================== Professor Ram Mohan Sinha S/o Late Jagannath Prasad, Resident of Ashok Nagar, P.S. and Dist.- Khagaria, retired as University Professor from Koshi College, Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal, Secretary Education Department, Govt. of Bihar, Patna. 3.

The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 4.

The Registrar, T.M. Bhagalpur University, Bhagalpur. 5.

The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 6.

The Principal Koshi College, Khagaria.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the University :

Mr.Ritesh Kumar For the State :

Mr.Hitesh Suman, AC to SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 04-03-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Tilka Manjhi Bhagalpur University.

2.

This writ application has been filed for the following relief/s:- (i) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to make payment of arrears of difference of salary for the period of 22.09.1995 till the date of retirement i.e. 30.06.2014 on account of promotion of the petitioner to the post of University Professor vide Notification no.38 contained in memo no.B/5040-

Patna High Court CWJC No.6996 of 2019 dt.04-03-2024 2/3 139 dated 04.04.2014, including DA and HRA for the period of 1.1.2006 to 31st March, 2010 in the light of order passed by the Hon'ble High Court in CWJC No.17983/2016 order dated 7.8.2018 and further a direction to make payment aforesaid dues with 12% interest in the light of order passed in CWJC No.14633/2010 order dated 7th May, 2013 which has been upheld the Division Bench of this Hon'ble High Court.

(ii) For issuance of any other writ/ direction/ directions for which the writ application shall be found entitled."

3.

At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the judgment dated 07.08.2018 passed in CWJC No.17983 of 2016.

4.

In light of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served in keeping this writ application pending. 5.

Accordingly, this writ application is disposed of with a direction to the petitioner to file a detailed representation before the concerned Authority with a copy of the judgment passed in CWJC No.17983 of 2016 and other documents in support of his claim. The concerned Authority shall dispose of the representation of the petitioner by a reasoned and speaking order after verifying that the petitioner is entitled for the payment in view of CWJC No.17983 of 2016 and pass the order

Patna High Court CWJC No.6996 of 2019 dt.04-03-2024 3/3 within six weeks from the date of receipt of such representation by the petitioner. The respondent no.4 is also directed to personally hear the petitioner or his counsel and give the calculation chart to the petitioner.

6.

Needless to say that, if the order is not passed within six weeks, then the petitioner will be entitled for interest @6% per annum and the respondent no.4 shall be held responsible for non-compliance of the order of this Court.

(Anjani Kumar Sharan, J) pallavi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.03.2024 Transmission Date N.A.