Bipin Kumar Singh v. Bhupendra Narayan Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12833 of 2015 ====================================================== Bipin Kumar Singh, Son of Sri Aditya Singh, Resident of Gangjala, Ward No. 06, P.O. + P.S. Saharsa, District Saharsa.

... ... Petitioner/s

Versus

1. The Bhupendra Narayan Mandal University, Laloo Nagar, P.O. + P.S. Madhepura District Madhepura ,through its Vice Chancellor.

2. The Registrar, Bhupendra Narayan Mandal University , Laloo Nagar, P.O. + P.S. Madhepura, District Madhepura.

3. The Principal, M.L.T. College, Saharsa, P.O. +P.S. Saharsa, District Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate Mr. Purushottam Kumar Jha, Advocate For the Respondent/s :

Mr. Mithilesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 04-12-2018 Heard learned counsel for the petitioner and the respondents.

2. The grievance of the petitioner in the present writ application is non-payment of salary on the promotional post.

3. Learned counsel for the petitioner submits that the petitioner's service was absorbed w.e.f. 15.04.1985 and he was granted promotion as Associate Professor and on the promotional post the petitioner was regularly working, but he has not been paid salary of Associate Professor.

4. If the services of the petitioner was absorbed by the University and he has been granted the benefit of promotion and he is regularly working as Associate Professor, there is no reason to deny salary of Associate Professor.

Patna High Court CWJC No.12833 of 2015 dt.04-12-2018 2/2

5. Since, no counter affidavit was filed despite the fact that two advance copies were served in the office of learned Advocate General at the time of filing of this writ application, the writ application is disposed of with a direction to the Registrar of the University that if it is found that the petitioner was granted promotion on the post of Associate Professor in accordance with law and he is regularly working as Associate Professor, he should be paid the salary of Associate Professor at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date