Ramesh Prasad Tiwari v. The Tilka Manjhi Bhagalpur University, Bhagalpur, Through Its Registrar Namely Dr. Ashutosh Kumar A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3831 of 2016 Arising out of Civil Writ Jurisdiction Case No. 6987 of 2013 =========================================================== Ramesh Prasad Tiwari, S/0 Late Jugal Kishore Tiwari, R/0 Burhanath Mahanth Lane, P.S. Kotwali, Town and District- Bhagalpur. .... .... Petitioner/s

Versus

1. The Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar namely Dr. Ashutosh Kumar.

2. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur, namely, Dr. R. S. Dubey.

3. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur, namely Dr. Ashutosh Kumar.

4. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur namely Mr. P. C. Sinha.

5. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna namely Mr. R. K. Mahajan, I.A.S.

6. The Director, Higher Education Department, Government of Bihar, Patna namely Dr. Khalid Mirza.

7. The In-charge, State Government Auditor's Team, posted in T. M. Bhagalpur University, Bhagalpur namely Mr. S. Jha.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-08-2018 Learned counsel for the petitioner; State and T.M. Bhagalpur University (hereinafter referred to as the 'University') have assisted the Court.

2. From the materials on record, it appears that the order dated 28.03.2016 passed in C.W.J.C. No. 6987 of 2013, has been complied with inasmuch as, reasoned order has been passed.

3. At this stage, learned counsel for the petitioner pointed out that with regard to the pay scale admissible to him, the same has not been considered. As the Court finds that such was beyond the scope of original writ petition itself, in the contempt jurisdiction, the

Patna High Court MJC No.3831 of 2016 dt.29-08-2018 2/2 Court cannot hold the opposite party guilty for having not considered or wrongly considered such issue.

4. Be that as it may, the Court would give liberty to the petitioner to assail the portion of the order or the action of the University resulting in non payment to the petitioner of an amount legally admissible and due to him under any head and/or move before the appropriate forum for redressal of the grievances which may have arisen subsequent to the writ petition.

5. The application stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U