Pandy Rajendra Narain Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4822 of 2012 =========================================================== Pandy Rajendra Narain Sinha Son Of Late Pandey Prabodh Narain Sinha Resident Of House No. 4h/20, Bahadurpur Housing Colony, Sector - 4, Post Office - Bahadurpur Housing Colony, Police Station - Agamkuan, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar , Through Principal Secretary, Education Department, Government Of Bihar, Patna

2. The Principal Secretary, Department Of Education, New Secretariat, Baily Road, Patna

3. The Director, Higher Education, New Secretariat, Baily Road, Patna

4. Patna University, Through Its Registrar, Patna University, Patna

5. Vice-Chancellor Of Patna University, Patna

6. Registrar Of Patna University, Patna

7. Finance Officer Of Patna University, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr.

For the Respondents : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-09-2015 Heard learned counsel for the parties.

The dispute in the present matter now remains with regard to payment of 45 % arrear of salary.

It is an admitted position that the fund for payment of the remaining 45% has already been released by the State Government, however, subject to the rider of verification of the pay scale by the State Government.

In view of the aforesaid position, the writ petition stands disposed off with a direction to the respondent-University to make

Patna High Court CWJC No.4822 of 2012 dt.28-09-2015 payment of the remaining arrears of salary to the petitioner within a period of three weeks from the date of production of a copy of this order before the respondents No. 6 and 7. If in the past, the pay and other emoluments of the petitioner had been verified by the State Auditor deputed to the University, then the State cannot repeatedly ask for verification of the same at every stage while releasing funds. Once, an agent of the State Government, i.e, the Auditor deputed by it, has verified the pay scale of the petitioner, there cannot be repeated re-verifications. However, if in the past there was no verification of the pay-scale made by a Government Auditor, the same shall now be done within three weeks from the date of production of a copy of this order before the respondents No. 3 and 6. In such a case, after verification, the due amount, if already not paid, shall be paid to the petitioner within three weeks thereafter.

V.P.Sinha/- (Ahsanuddin Amanullah, J) U