Dr. Shailesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6794 of 2020 ====================================================== Dr. Shailesh Kumar Sinha Son of Sri Tribhuban Kishore Pd. Resident of Mohalla- Mirganj, P.S. Begusarai, District- Begusarai, retired as Associate Professor in the Department of Ancient Indian History and Culture in G.D. College, Begusarai.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Higher Education, Government of Bihar, Patna. 3.

The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. 4.

The Registrar, Lalit Narayan Mithila University, Darbhanga. 5.

The Finance Officer, Lalit Narayan Mithila University, Darbhanga. 6.

The Principal , R.C.S. College, Manjhaul, Begusarai. 7.

The Principal, G.D. College, Begusarai.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate.

For LNMU :

Mr. Bindhyachal Rai, Advocate.

Mr. Sunil Kumar Karn, Advocate.

For the State :

Ms. Abhanjalli, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-01-2025 Heard Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the petitioner; Mr. Bindhyachal Rai, learned counsel along with Mr. Sunil Kumar Karn, learned counsel for the Lalit Narayan Mithila University and Ms. Abhanjalli, learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "(I) For issuance of appropriate writ in the

Patna High Court CWJC No.6794 of 2020(11) dt.03-01-2025 2/3 nature of Mandamus Commanding and directing the respondent authorities to grant three increments on account of acquiring Ph.D degree in view Resolution contained in Memo no. 908 dated 15.5.2018 and consequent thereupon fix the pay scale of the petitioner and grant salary difference till the date of retirement i.e. 31.1.2018 and payment of other consequential benefit on the pay scale after addition of three increment.

(II) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the respondent nos. 1 & 2 informs that specific statement with regard to claim of the petitioner has been made in Para-7 of the counter affidavit filed on behalf of respondent nos. 1 & 2, which is reproduced hereinafter:

"7. That the University after fixation of pay of the petitioner remitted the same to the Pay Verification Cell (PVC) of the Education Department for verification. The PVC has examined the pay fixation made by the University and accordingly entitlement slip bearing no.30032208002498 dated 30.03.2022 has been issued in favour of the petitioner. It is also stated here that the petitioner has been granted pay point on 6th Pay revision and three increments on account of Ph.D Degree."

4. Learned counsel appearing on behalf of the University informs that specific statement has been made in Para Nos. 5 & 6 of the supplementary counter affidavit filed on behalf of respondent nos. 3 to 5 with regard to the manner in which action has been taken for making payment to the petitioner. The specific statement made in Para Nos. 5 and 6 are reproduced hereinafter:

"5. That the salary arrear of the petitioner for

Patna High Court CWJC No.6794 of 2020(11) dt.03-01-2025 3/3 the period from 01-05-1999 to 31-12-2015 has been calculated on the basis of pay slip received from Pay Verification Cell, Patna in 6th revised pay-scale and a sum of Rs. 14,26,118/- has been found payable after approval.

6. That besides, retiral dues had also been paid to the petitioner as pension has been fixed @ Rs. 37,380/ with admissible allowances w.e.f. 01-02-2018 in 6th revised pay which has been converted into 7th revised pay @ Rs. 99,350/- with admissible D.R. which is being paid to the petitioner regularly, Gratuity for Rs. 10,00,000/- had already been paid to the petitioner, Rs. 17,87,220/- has also been paid for encashment of 300 days earned leave to the petitioner. All the pre and post retiral dues have been made on the basis of pay-slip receipt from Pay Verification Cell, Patna in 6th revised pay scale."

5. Considering the information contained in the counter affidavits filed on behalf of the respondent nos. 1 & 2 and 3 to 5, the grievance of the petitioner has been redressed. Accordingly, the writ petition stands disposed of.

6. If the petitioner is still aggrieved, he may approach the Finance Officer of the University.

(Purnendu Singh, J) mantreshwar/- U