Dr. Shiva Kant Jha v. The B.N. Mandal University Madhepura And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8919 of 2015 ====================================================== Dr. Shiva Kant Jha Son of Late Shakti Nath Jha, Retired Reader in the Department of Maithali, L.N.M.S. College Birpur (Supaul), residing at Birpur, P.O. - Birpur, District - Supaul ... ... Petitioner/s

Versus

1. The B.n. Mandal University Madhepura through the Registrar of the University.

2. The Vice-Chancellor, B.N. Mandal University, Madhepura.

3. The Registrar, B.N. Mandal University Madhepura.

4. The State of Bihar through the Principal Secretary HRD, Deptt. Govt. of Bihar,Patna.

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

For the Petitioner/s :

Mr. Raghav Prasad No.-1, Advocate For the State :

Mr. Pankaj Kumar Singh, AC to SC 14 For the University :

Mr. Shashi Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-12-2018 This writ petition involves the issue of payment of arrears of salary with allowances from 1.1.2006 to 31.10.2014 and further for grant of two advance increments with effect from 1.7.1998 for obtaining Ph.D. degree.

Learned counsel for the University submits that there is no decision on the point as yet and as such the writ petition may be disposed of with liberty to the University to take appropriate decision.

Considering the fact that the writ petition was filed on 25.06.2015 and even after more than three years no decision has been taken by the respondents on the claim of the petitioner

Patna High Court CWJC No.8919 of 2015(2) dt.03-12-2018 2/2 for payment of arrears of salary and two advance increments as incentive for doing Ph.D., this writ petition is disposed of with direction to the University to consider the claim of the petitioner for payment of two advance increment for obtaining Ph.D degree as incentive with effect from 1.07.1998 and also on verification of the record decide the claim of the petitioner for payment of arrears of salary with allowances for the period 1.1.2006 to 31.10 2014 at the earliest preferably within a period of four months from the date of receipt/production of this order. Within the same time the respondent are also required to ensure payment of the monetary benefits on account of such decision of the University.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U