Patna High CourtMJC/660/2015disposed

Dr. Phanindra Mohan Jha @ Pfanindra Mohan Jha v. The State Of Bihar And ORS

2016-03-02Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.660 of 2015 In Civil Writ Jurisdiction Case No. 17631 of 2011 ====================================================== Dr. Phanindra Mohan Jha @ Pfanindra Mohan Jha son of Late Pandit Sri Bindyachal Jha resident of Mohalla - Adhers Nagar, P.S. - Samastipur (T), District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary-cum-Commissioner, Higher Education, Govt. of Bihar, Patna namely R.K. Mahajan.

2. Saket Kushwaha, Vice-Chancellor, L.N.M.U. Kameshwar Nagar, Darbhanga.

3. Ajit Kumar Singh, Registrar, L.N.M.U. Kameshwar Nagar, Darbhanga.

4. Keshav Kumar, Finance Officer, L.N.M.U. Kameshwar Nagar, Darbhanga.

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

For the Petitioner/s : Mr. Ranjan Kumar For the Respondent/s : Mr. Devendra Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is making prayer for initiation of a proceeding against the opposite party for violating the order of this Court.

It appears that certain amount has been paid to the petitioner in terms of the order of this Court, but some grievance of the petitioner is still subsisting as has been claimed that the opposite party has illegally reduced and deducted the amount from his pension which is per se illegal, cannot be approved by any

Patna High Court MJC No.660 of 2015 (6) dt.02-03-2016 2/2 manner.

The counsel for the University submits that whatever the amount the petitioner was entitled, has been paid. Only the excess amount which was paid earlier has been adjusted against his pension amount.

In such view of the matter, it is a dispute of the calculation. The petitioner, if so advised, may file a detailed representation before the Registrar of the University who will examine the case of the petitioner and pass a reasoned order within a period of three months from the date of filing of the representation but only giving proper hearing to the petitioner in the matter.

Accordingly, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- U