Tapaswi Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.908 of 2021 ====================================================== Tapaswi Prasad Singh S/o Late Ganga Prasad Singh R/o Mohalla- Dahiyawan Tola, Bypass Road (H.O. Chandrika Singh), P.O.- Chapra, P.S.- Chapra Town, District- Saran, Pin- 841301.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Higher Education, Govt. of Bihar, Patna.

2.

The Vice Chancellor, J.P. University, Chapra. 3.

The Jai Prakash University, Chapra through its Registrar. 4.

The Finance Officer, J.P. University, Chapra. 5.

The Principal, Y.N. College, Dighwara at Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Respondent/s :

Mr. Subhash Chandra Mishra, SC16 For the J.P.U.

:

Mr. Bindhyachal Rai, Adv.

Mr. Chandan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

2. The present writ petition has been filed seeking the following reliefs:

"(i) Ensure correction in the date of increment as 01.01.16 in place of 01.07.16 in view of the promotion extended to the petitioner against the post of Reader w.e.f 01.02.85.

(ii) May kindly go through the Clause 18 (ii) of the resolution no. 591 dated 06.03.19 whereby specific provision / in corporation has been made during the course of the 7th pay revision admissible w.e.f 01.01.16 (notionally) and w.e.f 01.04.16 (financially).

(iii) While making the correction in the date of increment above said the consequential benefits so admissible also may kindly be allowed under the respective heads from the due date of entitlement. (iv) Disposed of the petitioner's representation dated 27.11.19 (Annexure-2) categorically made for redressal of the grievance which are subject matter of the present writ application / as referred above.

Patna High Court CWJC No.908 of 2021(6) dt.30-07-2024 2/2 Any other relief or reliefs also may kindly be allowed to the petitioner for which be found entitle in the opinion of this Hon'ble Court."

3. A counter affidavit has been filed on behalf of the University in which it is stated that the petitioner has been paid all the retiral and consequential benefits. So far as the increment as 01.01.2016 in place of 01.07.2016 is concerned, the deponent has joined the post of Law Officer on 01.07.2024 and the Registrar has joined on 26.06.2024, therefore, he prays for four weeks time to reply regarding increment as 01.01.2016 in place of 01.07.2016.

4. Considering the facts and circumstances of the case, the petitioner is directed to file a detailed representation before the Registrar regarding shifting of the date of the increment from 01.01.2016 in place of 01.07.2016 within two weeks and the Registrar is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

5. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U