Shatish Chandra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6011 of 2025 ====================================================== Shatish Chandra Jha Son of Shiv Chandra Jha, Resident of Village and P.O.- Ramauli, Ward No. 03, Via-Behara, P.S.- Behara, District- Darbhanga, Pin Code- 847201, presently working as In-Charge, Principal, Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Vikash Bhawan New Secretariat, Bihar, Patna.
3.
The Secretary, Higher Education, Education Department, Vikash Bhawan, New Secretariat, Government of Bihar, Patna.
4.
The Deputy Secretary, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna. 5.
The Special Secretary, Higher Education, Education Department, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 6.
The Director, Higher Education, Education Department, Vikash Bhawan, New Secretariat, Government of Bihar, Patna.
7.
The In-charge, Pay Verification Cell, Education Department, Government of Bihar, Patna.
8.
The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga through its Registrar.
9.
The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
10.
The Registrar, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
11.
The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
12.
The Secretary, Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushalesh Choudhary, Advocate.
For the KSDSU :
Mr. Bijay Kumar Pathak, Advocate.
For the State :
Mr. Ranjay Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2025 Heard Mr. Kaushalesh Choudhary, learned counsel
2/4 appearing on behalf of the petitioner; Mr. Bijay Kumar Pathak, learned counsel appearing on behalf of the Kameshwar Singh Darbhanga Sanskrit University and Mr. Ranjay Kumar, 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 an appropriate writ in the nature of CERTIORARI, commanding the concerned respondents for payment of salary to the petitioner from his date of joining i.e. 29.01.2022, as the petitioner was appointed to the post of Principal of Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani, vide Letter No. 5086/022 dated 29.01.2022, issued by the Secretary of the aforesaid College and since 29.01.2022, the petitioner has been performing his duty to the aforesaid post, regularly, till date, but his salary and allowances has not been given to him by the University, though the Government of Bihar has issued fund in the name of the petitioner for the Financial Year 2023-24 and 2024-25.
ii. For issuance of appropriate direction to the respondents 1st Set commanding them to issue direction to respondents 2nd set for payment of salary to the petitioner from 29.01.2022, till date.
iii. For grant of other relief / reliefs, to which the petitioners may found entitled, on the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the petitioner informs that the petitioner was appointed on the post of Principal of Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani on 29.01.2022 and pursuant to his appointment vide letter dated 29.01.2022, approval was obtained by the University on 22.01.2023. The said fact also
3/4 appears from the Agenda No.7 of the Senate, the University had requested as per the budget for release of fund in respect of payment of salary to the petitioner.
4. It has been informed by learned State Counsel that fund has already been released and credited into the account of the University.
5. Concern of the petitioner is that despite the said fact and information given on behalf of the State regarding availability of the required fund to the University, the petitioner has not been paid till date.
6. Learned counsel appearing on behalf of the University informs that after verification, as to whether, the amount which has been released is earmarked in respect of payment of salary of the petitioner and if it is found that the allotted fund also includes for required payment of salary etc. of the petitioner, the same will be paid to the petitioner forthwith.
7. It is expected from the Registrar of the University that he must not delay for any reason or for his any personal intent. He must release after verifying from the information relating to the petitioner and the information which has been brought on record in the present writ petition.
8. In view of the information given by the learned
4/4 State counsel that the fund has already been released, the payment must be made to the petitioner forthwith, not beyond a period of one week.
9. The writ petition stands disposed of.
(Purnendu Singh, J) mantreshwar/- U