Patna High CourtCWJC/17756/2015disposed

Prof. Dr. Mangleshwari Charan Singh v. The State Of Bihar And ORS

2017-09-19Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17756 of 2015 =========================================================== Prof. (Dr.) Mangleshwari Charan Singh, Son of Late Chattu Singh, resident of 5A/32, Radha Kunj West Vivekanand Road North S.K. Puri, Patna-13. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Human Resources Development Department Government of Bihar, Patna.

2. The Magadh University its Registrar Bodh Gaya, District- Gaya.

3. The Vice Chancellor, Magadh University, Bodh Gaya, District- Gaya.

4. The Registrar, Magadh University Bodh Gaya, District- Gaya.

5. The Finance Officer, Magadh University Bodh Gaya, District- Gaya.

6. The Principal College of Commerce, Patna.

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

For the Petitioner/s :

Mr. Ratan Kumar Sinha, Advocate For the Magadh University :

Mr. Dr. Kumar Amitesh Chandra, Advocate For the State :

Mr. Dev Kumar Pandey, A.C. to G.P. 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-09-2017 Heard learned counsel for the petitioner, State and the Magadh University.

2. The petitioner has moved the Court for the following reliefs:

"That the present writ application is being filed for issuance of a writ in the nature of Mandamus commanding the Respondents Authorities to pay the sanction 217 days of earn leave to the petitioner as per inhance new U.G.C. scale alongwith interest and further direct the Respondent Authorities to pay the said amount to the petitioner with immediate effect."

3. Today, learned counsel for the Magadh

Patna High Court CWJC No.17756 of 2015 dt.19-09-2017 2/2 University has filed counter affidavit in which details of payment made to the petitioner have been specifically mentioned in paragraphs no. 6 and 7 of the same, which indicates that the amount claimed by the petitioner has not only been paid but in fact it is more than what he had demanded.

4. In view of such statement being made on oath in the counter affidavit, the Court has no reason to disbelieve the same.

5. Accordingly, the writ petition stands disposed off.

6. However, if still the petitioner feels that any amount remains payable to him, he shall be at liberty to file a detailed representation before the Vice Chancellor of Magadh University, within four weeks from today, who shall consider the same, in accordance with law, and pass appropriate orders. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U