Dr. Srikant Sharma v. The State Of Bihar Thropugh Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11318 of 2021 ====================================================== Dr. Srikant Sharma Son of Late Lal Krishan Sharma Resident of Mohalla - Mithila Colony, Police Station- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar thropugh Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Magadh University through its Registrar.

3.

The Vice Chancellor, Magadh University, Bodh Gaya. 4.

The Registrar, Magadh University, Bodh Gaya.

5.

The Patliputra University through the Registrar. 6.

The Vice Chancellor, Patliputra University, Bodh Gaya. 7.

The Registrar, Patliputra University, Patna.

8.

The Principal, B.S. College, Danapur, Patna.

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

For the Petitioner/s :

Mr.Virendra Prasad, Adv.

For the State :

Mr.Sumit Kumar Jha, Adv.

For the University :

Mr.Ajay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The present writ application has been filed for a direction upon the respondents to grant the benefits of two advance increments of Ph.D allowance w.e.f. 01.01.1996 as per the UGC regulation which was totally accepted by the Government of Bihar, Department of H.R.D. vide Letter No.1300 dated 10.07.2001 which has not been implemented in case of some of others and they have been given benefits of Ph.D allowance,

Patna High Court CWJC No.11318 of 2021(5) dt.19-09-2024 2/3 whereas the University sitting over the matter in case of the petitioner and the respondent University has not been implemented the judgment/order dated 27.07.2017 and order dated 04.07.2019 of this Hon'ble Court in case of Dr. Brahm Deo Sah in L.P.A. No.269 of 2016 and in case of Dr. Mohan Prasad Srivastava in CWJC No.13345 of 2019.

3.

It is submitted by learned counsel for the petitioner that the petitioner had filed a representation before the Registrar, Magadh University (respondent no.4) and Registrar, Patliputra University (respondent no.7) but till date no order has been passed by the concerned Authority.

4.

Considering this fact, the petitioner is directed to file a fresh representation, enclosing all the supporting documents including the order passed in CWJC No.10915 of 2014 and LPA No.269 of 2016, before the respondent nos.4 and 7, within a period of two weeks.

5.

The respondent nos.4 and 7, on receipt of such representation, are well advised to pass a reasoned and a speaking order, in accordance with law, keeping in view the order passed in CWJC No.10915 of 2014 and LPA No.269 of 2016, within a period of ten weeks, after hearing the parties. 6.

It is made clear that if an order is not passed within the

Patna High Court CWJC No.11318 of 2021(5) dt.19-09-2024 3/3 stipulated period, the respondent nos.4 and 7 shall be personally held liable for non-compliance of the order of this Court. 7.

If the petitioner is found entitled for two increments, then he is also entitled for consequential benefits and the same should be released in his favour within a reasonable time. 8.

With the aforesaid direction, the present writ petition is disposed off.

(Anjani Kumar Sharan, J) pallavi/- U