Patna High CourtCWJC/12283/2010disposed

Dr.Smt.Chitra Rani Deva v. The State Of Bihar And ORS

2018-07-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12283 of 2010 ====================================================== Dr.(SMT.) Chitra Rani Deva W/O H.N. Deva R/O Vill.- Masraf Bazar, P.S. Town Thana, Distt.- Darbhanga, Lecturer, Department Of Philosophy, R.B. College, Dalsingh Sarai, Distt.- Samastipur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department, Govt. Of Bihar, Patna

3. The Secretary, Human Resources Development Department (HIGHER Education), Govt. Of Bihar, New Secretariat, Patna

4. The Director, Higher Education Human Resources Development Department, New Secretariat, Patna

5. Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga, Distt.- Darbhanga, Through Its Registrar

6. The Vice Chancellor, Lalit Narayan Mithila University Kameshwar Nagar, Distt.- Darbhanga

7. Registrar, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha For the Respondent/s :

Mr. (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as University. The grievance of the petitioner in the instant case is non-payment of salary.

Learned counsel for the petitioner submits that name of the petitioner figures in the report of Justice Agrawal Commission for absorption in the subject of Philosophy. In view of the judgment of the Apex Court reported in State of Bihar & Ors. vs. Bihar Rajya M.S.E.S.K.K.

Patna High Court CWJC No.12283 of 2010(5) dt.30-07-2018 2/2 Mahasangh & Ors. reported in (2005)9 SCC 129, the case of the petitioner was considered as absorbed employee but petitioner was denied salary.

Considering the aforesaid, the writ petition is disposed of with direction to the University to ensure payment of salary to the petitioner on account of absorption of the petitioner as Lecturer of Philosophy within a maximum period of four months.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U