Ram Dayal Sharma v. The Vice Chanceller, Kameshwar Singh Darbhanga Sanskrit University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17813 of 2015 ====================================================== Ram Dayal Sharma son of Late Murli Manohar Sharma Resident of Village - Saristabad, P.S. - Ghoshi, District - Jehanabad, Presently posted as Lecturer in Dev Bharti Sanskrit up Shastri, College, Dev Nagar Uchirma, Gaya. ... ... Petitioner/s

Versus

1.

The Vice Chanceller, Kameshwar Singh Darbhanga Sanskrit University 2.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

3.

The Accounts Officer, Kameshwar Singh Darbhanga University, Kameshwar Nagar, Darbhanga.

4.

The Secretary, Governing Body Dev Bharti Sanskrit Upshastri College, Dev Nagar Uchirma Gaya.

5.

The Principal, Dev Bharti Sanskrit Upshastri College Dev Nagar Uchirma, Gaya.

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

For the Petitioner/s :

Mr.Shivendra Prasad For the University :

Mr. Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-03-2024

1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application for a direction to the respondent authorities to make payment of arrears of salary for the period 19.02.2008 to February, 2009, along with interest upon the delayed payment.

3. Learned Counsel for the petitioner submits that pursuant to the advertisement, dated 03.12.2017, the petitioner was appointed as a Lecturer in Dev Bharti Sanskrit Upshastri College, Uchirma, Gaya, on 17.02.2008 and his appointment was approved by the Syndicate of the

Patna High Court CWJC No.17813 of 2015(3) dt.13-03-2024 2/3 Kameshwar Singh Darbhanga Sanskrit University, Darbhanga with effect from 19.02.2008 and the petitioner joined on the same very date, i.e. 19.02.2008. He further submits that though the petitioner has been working in the college since 19.02.2008, but the salary of the petitioner was made with effect from March, 2009, due to nonavailability of budget for payment. He further submits that the petitioner has filed many representations before the Vice Chancellor of the University for payment of his arrears of salary for the period 19.02.2008 to February, 2009, but the University is not making payment.

4. Taking into consideration the nature of prayer made in this writ application, I dispose this writ application with liberty to the petitioner to file a fresh representation before the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, within a period of two weeks from today and if such a representation is filed by the petitioner, the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, is directed to consider the same on its merit and pass an order in accordance with law within a period of two months from the date of filing of the representation by the petitioner.

Patna High Court CWJC No.17813 of 2015(3) dt.13-03-2024 3/3

5. If the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, finds the claim of the petitioner admissible, then the salary for the period claimed shall be released in favour of the petitioner within a further period of one month.

6. This application is, accordingly, disposed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √