Patna High CourtMJC/4140/2010disposed

Dr.Avinash Chandra Mishra v. The State Of Bihar And ORS

2017-11-10The Chief Justice6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1897 of 2010 Bijoy Kumar Sharma S/o Late Kameshwar Singh Sharma, R/o Vill.- Rajwara,P.S.-Barauni,Dist.-Begusarai.

1. The State of Bihar Through The Principal Secretary,H.R.D.Department, Bihar, Patna.

2. Anjani Kumar Singh, The Principal Secretary, Human Resource Development Department, Bihar, Patna.

3. Dr. Padmasha Jha,Vice Chancellor, L.N.M. University, Darbhanga.

4. Dr.Bimal Kumar, Regisrar, L.N.M.University, Darbhanga. Miscellaneous Jurisdiction Case No. 2803 of 2009 Kanchan Mala Thakur, Daughter of Shri Damodar Thakur, resident of Mohalla- Bela Garden, Police Station- University Campus, DistrictDarbhanga

1. The State of Bihar through the Principal Secretary, H.R.D. Department, Bihar, Patna

2. Anjani Kumar Singh, the Principal Secretary, Human Resource Development Department, Bihar, Patna

3. Mishri Lal Thakur, Vice-Chancellor, L.N.M. University, Darbhanga

4. Bijay Kumar Singh, Registrar, L.N.M. University, Darbhanga. Miscellaneous Jurisdiction Case No. 4134 of 2010 Smt.Shipra Sinha, D/o Late Santosh Kumar Sinha, resident of MohallaBengali Tola, P.S. Laheria Sarai, District- Darbhanga

1. The State of Bihar, through the Principal Secretary, H.R.D. Department, Bihar, Patna.

2. Anjani Kumar Singh, the Principal Secretary, Human Resources Development Department, Bihar, Patna

3. Dr. Samrendra Pratap Singh, Vice Chancellor, L.N.M. University, Darbhanga.

4. Dr. Bimal Kumar, Registrar, L.N.M. University, Darbhanga

2/6 Miscellaneous Jurisdiction Case No. 4135 of 2010 Krishna Chandra Jha, son of Late Baidyanath Jha, resident of MohallaRambagh, P.S. University Campus, District- Darbhanga

1. The State of Bihar, through the Principal Secretary, H.R.D. Department, Bihar, Patna

2. Anjani Kumar Singh, the Principal Secretary, Human Resources Development Department, Bihar, Patna

3. Dr. Samrendra Pratap Singh, Vice Chancellor, L.N.M. University, Darbhanga

4. Dr. Bimal Kumar, Registrar, L.N.M. University, Darbhanga Miscellaneous Jurisdiction Case No. 4137 of 2010 Dr.Bijay Kumar Jha, son of Late Sushil Kumar Jha, resident of Mohalla- Jittu Gachhi, P.S. Town (Sadar), District- Darbhanga THE STATE OF BIHAR & ORS Miscellaneous Jurisdiction Case No. 4138 of 2010 Himanshu Shekhar, son of Late Ram Nandan Prasad, resident of MohallaChhapki Parri, P.S. Town (Sadar), District- Darbhanga THE STATE OF BIHAR & ORS Miscellaneous Jurisdiction Case No. 4139 of 2010 Raman Bihari Lal, son of Late Kunj Bihari Lal, resident of Mohalla- Babu Saheb Colony, P.S. Bahadurpur, District- Darbhanga THE STATE OF BIHAR & ORS

3/6 Miscellaneous Jurisdiction Case No. 4140 of 2010 Dr.Avinash Chandra Mishra, son of Late Harish Chandra Mishra, resident of Mohalla- Mishra Tola, Police Station- Sadar (Town) District- Darbhanga THE STATE OF BIHAR & ORS Miscellaneous Jurisdiction Case No. 4142 of 2010 Vidya Nand Mishra, son of Late Bhuvneshwar Mishra, resident of MohallaRaj Kumar Ganj, P.S. University Campus, District- Darbhanga THE STATE OF BIHAR & ORS Miscellaneous Jurisdiction Case No. 4249 of 2010 Dr. Parmanand Jha, son of Late Haribansh Jha, resident of Mohalla- Mashraf Bazar, P.S. Town (Sadar), District- Darbhanga THE STATE OF BIHAR & ORS.

Miscellaneous Jurisdiction Case No. 4250 of 2010 Md. Mohsin, son of Late Md. Suleman, resident of Mohalla- Raj Toli Bhigo, P.S. Laheria Sarai, District- Darbhanga THE STATE OF BIHAR & ORS.

4/6 Miscellaneous Jurisdiction Case No. 4251 of 2010 Dr. Baua Kant Choudhary, son of Late Satyadeo Choudhary, resident of Mohalla- Mishra Tola, P.S. Town (Sadar), District- Darbhanga THE STATE OF BIHAR & ORS.

Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For L.N.M.University :

Mr. Ram Naresh Singh, Advocate Mr. Chandra Mohan Singh, Advocate Mr. Arun Kumar Prasad, Advocate Mr. Md. Nadim Seraj, Advocate Mrs. Alka Verma, Advocate Mr. Dr. Anshuman, Advocate Mr. Sanjay Kumar, Advocate Mr. Jawed Jaffar Khan, Advocate Mr. Arun Kumar Prasad, Advocate For the State :

Mr. Shailesh Kumar, A.C. to G.P. 5 Mr. Kumar Alok, S.C. 7 Mr. Satyeshwar Prasad, A.C. to S.C. 7 Mr. Shiv Kumar, A.C. to G.A. 3 Mr. S.D. Yadav, AAG-IX Mrs. Babita Kumari, A.C. to S.C. 1 Mr. N.P. Yadav, S.C. 23 Mr. H.S. Goldie, A.C. to G.P. 6 Mr. Narendra Prasad Yadav, S.C. 23 CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-11-2017 All these applications for contempt have been filed inter alia contending that directions issued in various writ petitions being C.W.J.C. Nos. 4039 of 2009, 2174 of 2009, 16391 of 2008, 646 of 2008, 15310 of 2008, 14839 of 2009, 13424 of 2009, 4966 of 2009, 4335 of 2009, 4363 of 2009, 4395 of 2009 and 4657 of 2009 decided by a common order passed on 16.11.2009 have not been complied with.

Prayer made in the writ petitions was that the Vice

5/6 Chancellor and Registrar of L.N. Mithila University, Darbhanga be directed to make payment of difference of salary on account of enhancement of salary in the U.G.C. scale. The petitions were disposed of and the direction issued was that the University shall work out the claim of the petitioners in the light of an order already passed in C.W.J.C. No. 646 of 2008 and various other cases.

On show-cause being issued to the respondent University, they had indicated that against the order passed in the writ petitions L.P.A. No. 672 of 2012 and various other cases were filed. M.J.C. filed were also rejected by this Court on 03.07.2013 and subsequently and the L.P.As. were also dismissed on 31.10.2017.

It is stated that in the meanwhile after disposal of the L.P.A. in the case of Bijoy Kumar Sharma (supra) on 15.05.2016 by the aforesaid communication it has been informed to learned counsel that the entire claim of the said employee has been settled, arrears of pay and Dearness Allowance, Gratuity, Leave Encashment have been paid and interest also on the amount has been paid.

Keeping in view the communication received by the counsel on 15.05.2016 indicating payment made to the

6/6 applicant Bijoy Kumar Sharma, the said application is disposed of.

Learned counsel is directed to place on record photo copy of the aforesaid communication in the case of other applicants also. The University is directed to proceed in the matter and in case their claims have not been settled, as has been done in the case of Bijoy Kumar Sharma, as is indicated hereinabove, the same be now done and all dues and payment made to them within a period of 45 days from the date of receipt of a certified copy of this order.

With the aforesaid, the applications stand disposed of.

(Rajendra Menon, CJ) P.K.P.