Anil Kumar Singh v. The Magadh University Bodh Gaya And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21494 of 2013 ====================================================== Anil Kumar Singh Son Of Late Ravindra Kumar Singh Resident Of MohallaBundel Toli, P.S. Malsalami, District- Patna ... ... Petitioner/s

Versus

1. The Magadh University Bodh Gaya, Through Its Vice-Chancellor

2. The Vice Chancellor, Magadh University Bodh Gaya Null Null

3. The Registrar, Magadh University Bodh Gaya

4. The Finance Officer, Magadh University Bodh Gaya

5. The Principal Sri Guru Govind Singh College, Patna City

6. The State Of Bihar Through The Director Higher Education Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar For the Respondent/s :

Mr. Shyam Kishor Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as University. There is no dispute as to appointment of the petition of compassionate ground. Learned counsel for the petitioner submits that despite the petitioner is regularly working he has not been paid salary. On behalf of the University stand is taken that the University has issued direction to the Principal of the college for payment of salary but till date payment has not been made. The Court feel sorry for the stand taken by the University. The University has enough armory to take action for defying order of the University as the Principal of the College is not above law and not beyond the discipline and control of the

Patna High Court CWJC No.21494 of 2013(3) dt.13-08-2018 2/2 University.

Considering the aforesaid, the writ petition is disposed of with a direction to the University to take appropriate action to ensure payment of salary to this petitioner failing which liberty shall be available to the University to take all steps against the Principal of the College after opportunity of hearing to ensure the payment of the salary.

The University is directed to take steps to ensure payment of salary to the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order as idea behind compassionate appointment is to provide immediate financial assistance to the family of employee died in harness so that the family may tide over the financial crisis due to untimely death of bread earner. With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) banti/- U