Madhu Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3509 of 2012 ====================================================== Madhu Kant Jha , son of Late Rama Kant Jha Resident Of Mohalla Narainpur, P.S. Khodaband Pur, District Begusarai. .... .... Petitioner/s

Versus

1. The State Of Bihar Through Arvind Kumar Sharma, Secretary Higher Education, Government Of Bihar, Patna.

2. Dr. S.P. Singh The Vice Chancellor Of LNM University, Darbhanga.

3. Dr. Vijay Prasad Singh The Registrar Of LNM University, Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Bhagat For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner, learned AC to GP No. 23 as well as Sri Chandra Mohan Singh, learned counsel, who has appeared on behalf of L.N. Mithila University, Darbhanga.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of wilful disobedience to an order dated 18.10.2011 passed in C.W.J.C. No. 18209 of 2011.

In this case earlier show causes were filed and it was stated that all the admitted retiral dues were paid save and except payment of remaining 60% of pension arrear for the period from April, 2007 to 31.7.2012. It has been indicated that as and when

Patna High Court MJC No.3509 of 2012 (8) dt.25-03-2015 2/2 fund is made available by the State Government, same would be paid to the petitioner and also other similarly situated persons. Earlier the case was adjourned to enable learned counsel for the University to ascertain as to whether in similar circumstance payment of remaining 60% arrear pension has been made or not. In reply, University in its supplementary show cause filed on 11th March, 2015 has stated that save and except in one case i.e. in case of Savitri Sinha, that payment has not been made to any other person. Payment to Savitri Sinha has been made in view of the order passed by this court in an another case, which was passed with an indication that same order may not be treated as a precedence.

Keeping in view the facts and circumstances, I do not find any ground to further keep the matter pending. The petition stands disposed of.

The Court expects that immediately after receipt of the fund, the petitioner will be given the remaining 60% arrear pension that amount has been stated as Rs. 90454/- in paragraph no. 3 of the supplementary show cause without any delay. (Rakesh Kumar, J) Praful/- U