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Patna High CourtCWJC/14431/2014disposed

Ajay Kumar Singh v. The State Of Bihar And ORS

2018-08-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14431 of 2014 ===========================================================

1. Ajay Kumar Singh S/o Ran Vijay Singh Resident of Village & Post Bairka, P.S. Atri, District Gaya. At present Associate Professor (Reader), Economics Department Shanti Prasad Jain College, Sasaram, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.

2. The Vice Chancellor, Veer Kunwar Singh University, Ara.

3. Finance Officer, Veer Kunwar Singh University, Ara.

4. Principal, Shanti Prasad Jain College, Sasaram.

5. Principal, Gram Bharti College, Ramgarh, Kaimur, District Bhabua. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ratneshwar Prasad, Adv. For the Respondent/s : Mr. RAM BALAK MAHTO For the University : Mr. Rajesh Prasad Choudhary, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State as well as counsel appearing on behalf of the University.

The grievance of the petitioner in the present writ application is non-payment of difference of salary of Lecturer and Reader from February, 1996 to July, 2009 including the consequential benefits. On behalf of respondent-State, a counter affidavit has been filed where stand was taken that the State has allocated Rs.543 crores and odd to all the Universities of the State of Bihar for payment of arrears of salary and other dues of teaching and non-teaching employees and it is up to the University to utilize the fund and ensure payment of arrears of

Patna High Court CWJC No.14431 of 2014 dt.14-08-2018 2/2 salary to this petitioner. There is no counter affidavit on behalf of the University indicating their stand as against the claim of the petitioner for payment of arrears.

Under the aforesaid circumstance, the writ petition is disposed of with the direction to the University to workout/ calculate the difference of salary payable to the petitioner as a Lecturer and Reader and ensure payment of same within a maximum period of four months from the date of receipt/production of a copy of this order. The University is duty bound to ensure the payment of the all admissible within time frame indicated above failing which arrears will carry interest @ 9% from the date of accrual to the date of actual payment which shall be born out by erring officials who shall be identified by the vice chancellor of the university.

With the aforesaid observation and direction, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date27/08/2018 Transmission Date NA