Dr. R.S. Nagmani v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9629 of 2021 ====================================================== Dr. R.S. Nagmani son of Late Ram Sewak Sinha resident of Mohalla - Bairagi, P.O. - R.S. Gaya, P.S. Delha, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The Director (Higher Education), Education Department, Bihar, Patna. 3.

The Vice-chancellor, Magadh University, Bodh Gaya. 4.

The Registrar, Magadh University, Bodh Gaya.

5.

The Finance Officer, Magadh University, Bodh Gaya. 6.

The Principal, Gaya College, Gaya.

7.

The Head of Department (Education), Gaya College, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Respondent/s :

Mr. (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has approached this court for a direction to the respondent authority to pay entire due of salary to the petitioner since December, 2018 which, according to the petitioner, has not been paid though the petitioner has worked on the post of Assistant Professor in Gaya College, Gaya.

3. According to the petitioner, B.Ed. programme was introduced under the Department of Education of Gaya College under self financing scheme based upon the Magadh University Letter No. DDEMU-112/16 dated 17.10.2016 and pursuant

Patna High Court CWJC No.9629 of 2021(5) dt.12-10-2023 2/3 thereto, an advertisement No. 01 of 2016 was published for selection of Head of Department and Assistant Professor in B.Ed. Programme, Department of Education, Gaya College, Gaya.

4. The petitioner was selected as an Assistant Professor under B.Ed. Programme of the Gaya College and submitted his joining on 03.10.2017. After his joining, the petitioner was paid salary upto November, 2018 and from December 2018, the salary of the petitioner has been stopped. The petitioner has filed a representation for payment of salary before the Vice-Chancellor, Magadh University.

5. Learned counsel for the University takes objection that the petitioner has not worked regularly and was on leave pursuant to the forged medical certificate.

6. Be that as it may, the only grieance of the petitioner is non-payment of the salary since 2018. The petitioner has already filed his representation before the Vice-Chancellor. However, the present writ application is being disposed with a liberty to the petitioner to file a fresh representation before the Vice-Chancellor of the Magadh University for payment of the salary within four weeks. If such a representation is filed, the Vice-Chancellor is directed to dispose the same on its own merit

Patna High Court CWJC No.9629 of 2021(5) dt.12-10-2023 3/3 and in accordance with law within a period of three months from the date of receipt of representation.

7. The aforesaid writ application stands disposed. (Anil Kumar Sinha, J) HarshPandey/- U