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Patna High CourtCWJC/5964/2011disposed

Jitendra Kumar Singh v. The State Of Bihar And ORS

2016-02-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5964 of 2011 ====================================================== Jitendra Kumar Singh, son of Sri Sahdeo Narayan Singh, working as Lecturer (1st post) in the Department of Physics, Allama Iqbal College, Biharsharif, P.S. Town, District- Nalanda .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department ( Higher Education), Govt. of Bihar, New Secretariat, Patna

2. The Principal Secretary, Human Resources Development Department (Higher Education), Govt. of Bihar, New Secretariat, Patna

3. The Director, Human Resources Development Department ( High Education), Govt. of Bihar, New Secretariat, Patna

4. The Magadh University, Bodh Gaya through its Vice-Chancellor

5. The Vice-Chancellor, Magadh University, Body Gaya

6. The Registrar, Magadh University , Bodh Gaya

7. The Proctor, Magadh University, Bodh Gaya

8. The Finance Officer, Magadh University, Bodh Gaya

9. The Prof. Incharge, Allama Iqbal College, Biharsharif, Nalanda

10. The Governing Body of Council of Allama Iqbal College and Allied Institution through its Secretary, Shri Shah Javedy, son of Shri Abdul Wadood , resident of C-20, New Millat Colony, P.S. Phulwarisharif, District- Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar Singh, Adv. For the Respondent/s : Mr. AC to AG. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-02-2016 Heard the parties.

The present writ petition was earlier filed with a prayer to direct the Respondents to make payment of salary as well as its arrear since his date of appointment. It was pleaded that the petitioner was appointed after advertisement, interview and on the recommendation of the selection Board on 24.02.1991 as lecturer in the Physics Department, Allama Iqbal College, Biharsharif, Nalanda.

Patna High Court CWJC No.5964 of 2011 (7) dt.17-02-2016 2/2 .However, the petitioner was not being paid salary, whereas juniors to the petitioner were getting same facility. In this case, by filing supplementary affidavit, it has been intimated that during pendency of the writ petition, a decision has been taken to pay salary and the petitioner is now getting current salary. However, no decision has been taken in respect of arrear of salary.

Sri Amaresh Kumar Singh, learned counsel for the petitioner, in presence of learned AC to Advocate General, Bihar, makes a prayer for disposal of the writ petition, so that the petitioner may approach the authority concerned regarding claim of arrear of salary.

It goes without saying that if such representation is filed before the authority concerned within six weeks from today, same may be examined and if the petitioner's claim is considered as genuine, necessary orders may be passed for clearing the dues within three months from the date of filing of such representation. Even in case of refusal, a reasoned order is required to be passed within the aforesaid time.

With above observation and direction, the writ petition stands disposed of.

NKS/- (Rakesh Kumar, J) U