Dr. Jiwan Kumar Das, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4548 of 2020 ====================================================== Dr. Jiwan Kumar Das, S/o Late Mahesh Chandra Das, permanent resident of - resident of Registry Office Road, Near Nagar Panchayat Office, Dalsingsarai retired as Associate Professor in the subject of Mathematics, R.B. College, Dalsinghsarai, District- Samastipur.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

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

The Vice-Chancellor, L.N. Mithila University, Darbhanga. 4.

The Registrar, L.N. Mithila University, Darbhanga. 5.

The Finance Officer, L.N. Mithila University, Darbhanga. 6.

The Principal, R.B. College, Dalsinghsarai, District- Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Shashi Bhushan Singh, Advocate For the Respondents :

Mr. Madhaw Prasad Yadav GP 23 Ms. Meera Skingh, AC t o GP 23 For the University :

Mr. Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the University. The grievance of the petitioner raised in the present writ petition relates to non-payment of difference of arrears of salary for the period 01.01.1996 to 31.12.2005 and other admitted dues.

Learned counsel for the petitioner submits that similar issue was decided by order dated 24.01.2018 passed in CWJC

Patna High Court CWJC No.4548 of 2020(2) dt.05-03-2020 2/2 No. 8700 of 2017. A coordinate Bench of this Court had occasion to decide the similar issue and in order to ensure compliance of the order by all the Universities, a copy of the order dated 24.01.2018 was also communicated to all the Vice Chancellors and Registrars of the Universities in Bihar. Yet the order of the Court dated 24.01.2018 passed in CWJC No. 8700 of 2017 has not been religiously followed by the Universities. Such inaction on the part of the Universities is bordering contempt of this Court.

However, on the assurance of Mr. Md. Nadim Seraj , the writ petition is disposed of with a direction to the University to take appropriate decision with regard to the claim of the petitioner in the light of the order dated 24.01.2018 passed in CWJC No. 8700 of 2017. The respondents shall grant all consequential monetary benefits to the petitioner at the earliest preferably within a period of sixty days from the date of receipt/ production of a copy of this order.

(Anil Kumar Upadhyay, J) BT/- U