Om Prakash Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1547 of 2019 In Miscellaneous Jurisdiction Case No.2157 of 2018 ====================================================== 1.
Om Prakash Sinha Son of Late Hardeo Singh, Resident of Village-Chiniya Bela, P.O. and P.S.-Punpun, District-Patna.
2.
Brind Kumar Singh Son of Late Ram Narayan Sinha, Resident of VillageAiman Bigha, P.O.-Kanchanpur, P.S.-Shajhanpur, District-Patna. ... ... Petitioners
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna namely Mr. R.K.Mahajan, I.A.S.
2.
The Director, Higher Education, Department of Education, Govt. of Bihar, Patna namely Dr. Rekha Kumari.
3.
The Magadh University, Bodh Gaya, through it Registrar, namely Col. Pranav Kumar 4.
The Vice Chancellor, Magadh University, Bodh Gaya, namely Dr. K.N.Paswan.
5.
The Finance Officer, Magadh University, Bodh Gaya, namely Mr. Ram Naresh Prasad Singh.
6.
The Vice Chancellor, Patliputra University, Patna, namely Dr. Gulab Chand Ram Jaiswal.
7.
The Registrar, Patliputra University, Patna, namely Col. Irshad A. Khan. 8.
The Finance Officer, Patliputra University, Patna, namely Mr. A.N.Thakur. 9.
The Principal, S.M.D. College, Punpun, District-Patna namely Dr. Binay Kumar Singh 10.
The Accountant, S.M.D. College, Punpun, District-Patna namely Mr. Mithilesh Kishore.
11.
The Pay Verification Cell, Education Department, Bihar State Text Book Publishing Corporation, Ltd. Budh Marg, Patna through its Authorised Officer, namely Mr. Manas Milind.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Purushottam Kumar Jha,Advocate For the Opposite Party/s :
Mr.Ashutosh Ranjan Pandey (Aag15) For Respondent :
Mr. Prakash Srivastava, Advocate Mr. Pravin Kumar, Advocate Ms. Anu Pridarshi, Advocate For M.U.
:
Mr. Shivendra Kishore, Sr. Advocate Mr. Ritesh Kumar, Advocate ======================================================
Patna High Court MJC No.1547 of 2019(8) dt.11-09-2019 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-09-2019 Heard learned counsel for the applicants and learned counsel for the opposite parties.
After exchange of affidavits it appears that the applicants claim entitlement to certain amounts which are stated to have not been paid to the applicants and the facts and figures shown in the charts which have been affidavited have been taken aid of to raise such contention.
An affidavit has been filed by the applicant no. 1 Om Prakash Sinha stating therein that the payments which ought to have been made have not been made for which allegations have been made in Paragraph '10' onwards.
It has been pointed out by the learned counsel for the opposite parties that the applicants have already filed C.W.J.C. No. 12097 of 2018 claiming their arrears and other emoluments which have not been paid till date.
We are of the considered opinion that this calculation or dispute with regard to the amount remaining unpaid can be suitably raised by the applicants in the said writ application and, therefore, the present contempt application is consigned without
Patna High Court MJC No.1547 of 2019(8) dt.11-09-2019 3/3 prejudice to the rights of the applicants to raise their claim of arrears whatever be it in C.W.J.C. No. 12097 of 2018 which shall be adjudicated on its own merits.
Consigned to records.
(Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) avin/ved U