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Patna High CourtCWJC/18328/2016disposed

Dr. Ridhi Nath Jha And ORS v. The State Of Bihar And ORS

2018-03-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18328 of 2016 ======================================================

1. Dr. Ridhi Nath Jha Son of Late Pandit Shiv Nath Jha, resident of village - Sarisav, Pachhari Tola, P.O. Sarisav Pahi, P.S. Pandaul, District - Madhubani

2. Dr. Nabo Nath Jha @ Navo Nath Jha, Son of Late Pandit Bindeshwari Prasad Jha, resident of Mohalla - Katharbari, Vidyapati Chowk, P.S. L.N.M.U. Campus, District - Darbhanga

3. Dr. Anil Kumar Sinha Son of Late Awadh Bihari Prasad, Resident of village - Diwania, P.S. Bara Chatti, District - Gaya

4. Dr. Md. Shahid Hassan, Son of Md. Zahurul Hassan, resident of village - Shakarpur, P.O. Bharwara, P.S. Singhwara, District - Darbhanga

5. Dr. Krishna Kumar Jha, Son of Braj Nandan Jha, resident of village - Nav Karhi, P.S. Arrer, Benipatti, District - Madhubani

6. Shesh Narayan Jha, Son of Shri Shubh Narayan Jha, resident of village - Koilakh, P.S. Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Education Department, Government of Bihar, Patna

3. Lalita Narayan Mithila University, through its Registrar, Kameshwar Nagar, Darbhanga

4. Vice Chancellor, Lalita Narayan Mithila University, Kameshwarnagar, Darbhanga

5. Registrar, Lalita Narayan Mithila University, Kameshwarnagar, Darbhanga

6. Finance Officer, Lalita Narayan Mithila University, Kameshwarnagar, Darbhanga

7. Principal, M.L.S.M., College, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanand Roy, Advocate For the Respondent/s :

Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners, State and the University.

Mr. Gyanendra Roy, learned counsel for the petitioners submits that this writ petition may be disposed of in terms of the order dated 15.2.2018 passed in CWJC No. 1102 of 2017. Considering the fact that the present case also involves similar issue, the writ petition is disposed of in terms of the

Patna High Court CWJC No.18328 of 2016(2) dt.07-03-2018 2/2 order dated 15.2.2018 which reads as follows: "Under the aforesaid circumstances, the ViceChancellor is directed to take final decision on the representation contained in Annexures 9/1 and 9/2 within a period of sixty days from the date of receipt/production of a copy of this order. The Vice-Chancellor is also required to fix accountability on the erring officers for delay in payment of monetary benefit arising out of the pay fixation by verification cell of the State Government. The monetary benefit admissible to the petitioners must be paid within a maximum period of sixty days from the date of receipt/production of a copy of this order.

In the event of delay in making the payment, the University shall fix accountability on the erring officers and pay interest @ 9 per cent per annum from the date of accrual to the date of actual payment and realize the interest payable to the petitioner from the erring officers responsible for delay.

With the aforesaid, the writ application stands disposed of."

(Anil Kumar Upadhyay, J) spandey/- U