Bhagirath Prasad Sah And ANR v. The T. M. Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17561 of 2015 ====================================================== 1.

Bhagirath Prasad Sah and Anr son of late Makundi Sah Resident of MohallaMundichak, Janki Prasad Lane, Near Gobardan Sah Thakurwari, P.s Kotwali, town and District Bhagalpur.

2.

Binda Devi wife of late Keshav Prasad , the then Senior Draftsman, Engineering Section , T.M. Bhagalpur,Univers presently residing at Mohalla- Warsaliganj, Po Mirjan, Hat, P.s Babarganj, Mojahidpur town and District Bhagalpur.

... ... Petitioner/s

Versus

1.

The T. M. Bhagalpur University 2.

The Vice Chancellor, T. M. Bhagalpur University, Bhagalpur 3.

The Registrar, T. M. Bhagalpur University, Bhagalpur 4.

The Finance officer, T. M. Bhagalpur University, Bhagalpur 5.

The University Auditor, T. M. Bhagalpur University, Bhagalpur 6.

The State of Bihar through the Principal Secretary, Human Resources Development Department , Govt.

7.

The Director, Department of Higher Education ,Government of Bihar, New Secretariat , Patna.

8.

State Govt. ,Auditor,Deployed in T. M. Bhagalpur University, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Respondent/s :

Mr. Manish Kumar, AC to AAG6 For the University ;

Mr. Anand Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-02-2024

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant application for the following relief/s:- "(i) Issuance of an order, direction

2/4 or a writ in the nature of mandamus commanding the respondents concerned specially the authorities of the Tilka Manjhi Bhagalpur University to ensure the payment of all due benefits [(a) Arrears of salary w.e.f. 09.08.99, (b) Revision of post retirement claims i.e. pension, gratuity and earned leave salary followed with the payment of its all consequential benefits] to the petitioners in response to the office orders issued by the Respondent Tilkamanhi Bhagalpur University, whereby the petitioner no. I and the husband of the petitioner no.2 have been granted First and Second A.C.P. in the following manner.

SI Name Information of grant Ist & IInd Financial Progression under ACP Scheme.

Office order Date of grant of granting ACP Ist ACP IInd ACP 09.08.1999 09.08.1999 Bhagirath Prasad Sah 255/2014dt 19.08.2014 353/2014 dt 24.11.2014 09.08.1999 13.05.2000 Keshav Prasad (Husaband of Petitioner no. 2) True Copies of Office Order Nos. 255/2014 dt 19.08.2014 and 353/2014 dt 24.11.2014 are annexed herewith as Annexure-1 & 2 respectively.

(ii) Issuance of an order, direction or a writ in the nature of mandamus commanding the respondents concerned specially the authorities of the Tilka Manjhi Bhagalpur University to ensure the supply of the details calculation of the said benefits which are payable to the petitioners on the basis of the said First and Second A.C.P.

already granted to the Petitioner No. 1 and

3/4 the husband of the Petitioner No. 2 vide Annexure - 1 & 2 to this writ petition.

(iii) For grant of any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case."

3. Having heard learned counsel for the parties, the instant application is disposed of with the following directions:- I. Both the petitioners shall file individual/separate representations before the Registrar, T. M. Bhagalpur University, Bhagalpur (respondent no. 3) for the prayer/reliefs sought for in the present application.

II. In case the representations are filed within a period of two months from today, the same shall be disposed of by the respondent concerned within a period of three months from the date of its receipt/ filing.

III. In case any amount is found payable, the same shall be paid to the petitioner within the aforesaid period. IV. In case any of the amount prayed for in the representations is not found payable, the same shall be rejected by an order in writing which shall be communicated to the petitioners immediately.

V. It is made clear that the Court is not entering into the merits of the case of the parties which shall be decided by

4/4 the respondent concerned.

4. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Harsh/- U