Ashwini Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1845 of 2018 ====================================================== Ashwini Kumar Singh, Son of Bishundeo Narain Singh, Resident of Chandra Niwas, Ward No.30, Kayastha Tola, Police Station- Saharsa, District- Saharsa. at present Resident of 304, Maa Sharda Kunj, New Patliputra Colony, Boring Road, Police Station- Patliputra, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

2.

The Chancellor, Universities of Bihar, Raj Bhawan, Bailey Road, Patna. 3.

The Bhupendra Narayan Mandal University through its Registrar, Madhepura.

4.

The Vice-Chancellor, Bhupendra Narayan Mandal University, Madhepura. 5.

The S.N.S.R.K.S. College, Saharsa through its Principal, Saharsa, Bihar. 6.

The Bursar, S.N.S.R.K.S. College, Saharsa, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Respondent/s :

Mr. M.P. Yadav- Gp23 For the University : Mr. Raju Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and the respondents.

2. The petitioner claims that he was appointed as lecturer in SNSRKS College, Saharsa on 22.08.1984, which was made constituent unit in 4th phase.

3. Learned counsel for the petitioner submits that subsequently the petitioner was promoted to the post of Reader under the Time Bound Promotion Scheme on 22.08.1994. He raised the dispute as to non-payment of salary in terms of the pay fixation.

Patna High Court CWJC No.1845 of 2018(5) dt.25-06-2019 2/2

4. Mr. Raju Giri, learned counsel for the University submits that the University has already forwarded the case of the petitioner to the State Government so that appropriate fund may be allocated for payment of arrears.

5. Learned counsel for the petitioner with reference to reply to the counter affidavit submits that there is error in calculation of the arrears of the petitioner.

6. Considering the aforesaid, the writ application is disposed of with a direction to the University to examine the claim of the petitioner as to the calculation and thereafter raise the demand from the State Government on the basis of corrected calculation within a period of 60 days from the date of filing of such representation by the petitioner and on receipt of such revise claim, the State Government shall release appropriate fund for payment of arrears of salary to the petitioner.

7. Entire exercise in this regard must be taken by the respondents within a maximum period of four months from the date of filing of such representation along with a copy of this order.

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

(Anil Kumar Upadhyay, J) uday/- U