Gopal Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22897 of 2012 ====================================================== Gopal Pandey S/O Late Ramyag Pandey R/O Vill-Nahauna, P.S.- Sasaram(Mufassil), Distt-Rohtas ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Government Of Bihar, Patna

3. The Secretary, Higher Education , Government Of Bihar, Patna

4. The Director , Higher Education , Government Of Bihar, Patna

5. Veer Kunwar Singh University, Ara(Bhojpur) Through Its Vice Chancellor

6. The Registrar, Veer Kunwar Singh University, Ara Bhojpur

7. The College Inspector , Veer Kunwar Singh University, Ara

8. Ishwar Dayal Bhagwat Prasad Singh College Through Its Principal In Charge , Grah Nokha, P.O.&P.S.-Nokha, Distt-Rohtas

9. Managing Committee Through Its Secretary, Ishwar Dayal Bhagwat Prasad Singh College , Garh Nokha, P.S.-Nokha, Distt-Rohtas

10. The Sub-Divisional Officer, Sasaram Cum Chairman, Managing Committee, Ishwar Dayal Bhagwat Prasad Singh College, Garh Nokha, Distt-Rohtas

11. The Secretary, Ishwar Dayal Bhagwat Prasad Singh College, Garh Nokha, P.S.-Nokha, Distt-Rohtas

12. The Principal In-Charge, Ishwar Dayal Bhagwat Prasad Singh College, Garh Nokha, P.S.-Nokha, Distt-Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal For the Respondent/s :

Mr. Anil Kr. Singh For the University :

Mr. Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. Considering the controversy involved in the present writ application which is precisely a dispute of payment of salary the court is of the view that the claim of the petitioner is essentially against the Managing Committee and in view of the judgment of the Apex Court in the case of Sirsi Municipality

Patna High Court CWJC No.22897 of 2012(2) dt.13-08-2018 2/2 AIR 1973 SC 855 and reiterated in Vaishya Degree College AIR 1976 SC 888, no positive direction can be issued to in favour of the petitioner. However, liberty shall be available to the petitioner to approach the competent civil court for common law remedy. In case, such case is filed by the petitioner, the civil court will consider the desirability of condonation of delay in view of the fact that the present writ application remain pending for nearly six years.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U