Dr. Raj Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4014 of 2014 ====================================================== Dr. Raj Kishore Singh son of Late Ram Raksha Singh, resident of MohallaMirganj, P.S.- Begusarai, Distt.- Begusarai, a superannuated Eeployee as Reader from Co-Operative College, Begusarai, Distt.- Begusarai ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Sri R.K. Mahajan, the Principal Secretary, Higher Education Govt. of Bihar, New Secretariat, Patna

3. Sri Binod Kr. Kuswaha, Presently posted as Vice Chancellor, L.N.M. University, Darbhanga

4. Sri Ajit Kumar Singh, Presently posted as Registrar, L.N.M. University, Darbhanga

5. Sri Sushil Kr. Sinha, the Finance Officer, L.N.M. University, Darbhanga

6. Sri Shaligram Singh, Presently posted as Principal, Co-operative, College Begusarai, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Opposite Party/s :

Mr.AC to G.A.-10 for the LNMU :

Mr. Binita Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and Counsel appearing for the State as well as University. Learned counsel appearing on behalf of the petitioner submits that payments have been made to the petitioner but D.A. and H.R.A. of the petitioner has remained unpaid. Learned counsel for the petitioner submits that similarly circumstanced other have been paid and the petitioner has been denied. Learned counsel appearing on behalf of the University submits that he has to verify from the University as to the statement regarding payment to one Vijay Prasad Singh for the

Patna High Court MJC No.4014 of 2014(23) dt.08-02-2019 2/2 same period.

Considering the aforesaid the present proceeding is dropped. The application stands disposed of.

However, liberty shall be available to the petitioner in the event it is found that Vijay Prasad Singh has been paid D.A. and H.R.A. for the same claim to raise claim of payment of D.A. and H.R.A. and, the University is under obligation to pay the same or to adopt corrective measures after following the principles of natural justice. The State or the University cannot take pick and chose policy even in the grant of charity and bounty what to take of payment of D.A. and H.R.A.. If the corrective measures are not be taken by the opposite party within a period of two months from today, liberty shall be available to the petitioner to file affidavit for revival of the present proceeding.

(Anil Kumar Upadhyay, J) T.Kr./- U