Patna High CourtCWJC/19647/2015disposed

Md. Rizwan v. The J. P. University And ORS

2018-12-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19647 of 2015 ====================================================== Md. Rizwan S/o Md. Ramjan, Resident of Mohalla - Naya Quilla, Mali Tola, P.S. - Siwan Town, District - Siwan.

... ... Petitioner/s

Versus

1. The J. P. University, Chapra through the Registrar of the University.

2. The Vice Chancellor, J.P. University, Chapra.

3. The Registrart, J.P. University, Chapra.

4. The State of Bihar, through the Principal Secretary Education Department, Govt. of Bihar.

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

For the Petitioner/s :

Mr. Raghav Prasad No.-1, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG 13 Mr. Ravi Kumar, AC to AAG 13 For University :

Mr. Nagendra Pd. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-12-2018 The grievance of the petitioner in the present writ petition is non-payment of salary for the period he put was under suspension.

The suspension of the petitioner was revoked vide Annexure-3 but no decision was taken with regard to payment of salary for the period the petitioner was kept under suspension.

Once the respondents have revoked the order of suspension, it was obligatory on their part to decide the entitlement of the petitioner for payment of salary for the period of suspension. They cannot keep the case of the petitioner in limbo by taking recourse to silence. No decision how to treat the

Patna High Court CWJC No.19647 of 2015(2) dt.04-12-2018 2/2 period of suspension for infinity is permissible. Since the order of suspension was revoked way back on 1.10.2012 and we are at the end of 2018, the Court directs the respondent-University to take appropriate decision how to treat the period of suspension within a period of one month from today with opportunity of hearing to the petitioner and the University on such decision shall be under obligation to ensure payment within a further period of one month failing which the entire arrears shall carry interest at the rate of 9%. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U