Dr. Ram Naresh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3199 of 2017 ====================================================== Dr. Ram Naresh Mishra S/o Shiv Nandan Mishra Resident of VillageBhagwanpur Desha,P.S. Ujiarpur, District- Samastipur, Presently Posted as Reader in the Subject of Mathili, B.R.B. College, Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary, Higher Edcuation, Government of Bihar, Patna. 3.

The Vice-Chancellor, Lalit Narayan Mithilia University,Kameshwar Nagar, Darbhanga.

4.

The Registrar, Lalit Narayan Mithilia University,Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Principal , B.R.B. College, Samastipur.

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Ram Balak Mahto, Adv.

For the LNMU :

Mrs. Binita Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as the University.

The grievance of the petitioner in the present writ application is non-payment of arrear of difference of salary for the period of 01.03.1984 to 31.07.1992 and the difference of arrear of salary i.e. D.A., H.R.A. and Medical Allowances for the period of 01.01.2006 to March, 2010.

This issue is no more res integra it has already been decided by the Director, Higher Education vide memo no. 2076 dated 26.07.2012 i.e. on account of the adoption of revised pay

Patna High Court CWJC No.3199 of 2017(6) dt.30-07-2019 2/2 scale as per UGC pay package.

Learned counsel for the petitioner submits that similar issue was decided by this Court and in fact other teachers have been granted benefit of difference of arrears of salary in the nature of D.A., H.R.A. and Medical Allowances for the period of 01.01.2006 to March, 2010.

Considering the aforesaid submission, the writ petition is disposed of with a direction to the University to take appropriate decision with regard to the claim of the petitioner in the light of Annexure-2 and also examine the claim of the petitioner for payment of arrears of D.A., H.R.A. and Medical Allowances, if admissible for the period 01.01.2006 to March, 2010.

Necessary decision in this regard must be taken by the respondent University within a maximum period of three months from the date of receipt/production of a copy of this order with all consequential benefit, if any, available to the petitioner.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U