Dr. Kanhaiya Jee Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22493 of 2014 ===========================================================

1. Dr. Kanhaiya Jee Jha S/o Late Mahabir Jha Resident of Makranda, P.O. + P.S. Manigachi, District Darbhanga.

.... .... Petitioner/s

Versus

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

2. The L.N. Mithila University, Darbhanga through its Registrar.

3. Vice Chancellor, L.N. Mithila University, Darbhanga.

4. Registrar, L.N. Mithila University, Darbhanga.

5. Principal, M.R.M. College, Darbhanga.

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

For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. GP10-KUMARI AMRITA =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is of non-payment of salary between the period March, 2002 to 10.09.2012 including the subsistence allowance for the period the petitioner was under suspension.

Learned counsel appearing on behalf of petitioner submitted that the respondent University have not filed any counter affidavit, although two advance copies was served on 24.12.2012. On behalf of the State, a counter affidavit was filed where the stand has been taken that the State has already released Rs.543 crores and odd

Patna High Court CWJC No.22493 of 2014 dt.14-08-2018 2/3 towards payment of arrears and post retrial benefits to be paid to the employees of the University. It is bounden obligation of the University to see that the fund allocated by the State Government is utilized properly for payment of arrears.

Learned counsel appearing on behalf of the petitioner has drawn attention of this Court to Annexure-9 which is the calculation by the University for the period April, 2005 to September, 2012. In that view of the matter, respondent have to only work out the amount payable to the petitioner from March, 2002 to March 2005 as vide Annexure-9, the University has already calculated the entitlement. However, the University has reserved his right to determine the amount payable to the petition for period March, 2012 to March, 2015 as evident from Annexure-10, it would be evident that the University has admitted that no payment was made to the petitioner from March, 2002 to September, 2012.

Under the aforesaid circumstance, the University is required to complete the formality as to determination of the amount payable to the petitioner within a maximum period of three months from the date of receipt / production of a copy of this order.

Patna High Court CWJC No.22493 of 2014 dt.14-08-2018 3/3 borne out from the pocket of the erring officials of the University to be identified by the Vice-Chancellor of the University. With the aforesaid observations and directions, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27/08/2018 Transmission Date NA