Bhola Prasad v. The Vice Chancellor, B. R. A. B. U. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4915 of 2016 ====================================================== Bhola Prasad Son of Late Charitar Sao Resident of Village - Kajichak, P.S. - Barh, District Patna. At present posted as Peon in K.C.T.C. College, Raxaul. ... ... Petitioner/s

Versus

1. The Vice Chancellor, B. R. A. B. U. Muzaffarpur.

2. The Registrar, B.R.A.B.U., Muzaffarpur.

3. The Principal, Dr. R.M.L.S. College, Muzaffarpur.

4. The Principal, K.C.T.C. College, Raxaul.

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Respondent/s :

Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-University. The grievance of the petitioner in the present writ application is non-payment of arrears of salary. Learned counsel for the petitioner submits that the Principal of Dr. RMLS College, Muzaffarpur, vide letter dated 14.5.2015 has sent details of arrears of the petitioner for payment and as such the University is required to work out the entitlement of the petitioner for payment of arrears. Since no decision has been taken by the respondents, the writ application has been filed after service of two advance copies on the counsel for the University, on 19.1.2018 four weeks time was granted to the respondents to file counter

Patna High Court CWJC No.4915 of 2016(3) dt.16-04-2018 2/2 affidavit but unfortunately they have not filed counter affidavit. In the aforesaid circumstances, the writ application is disposed of with a direction to the University to decide the claim of the petitioner for payment of arrears in the light of the letter of the Principal, Dr. RMLS College, Muzaffarpur dated 14.5.2015 within a maximum period of 60 days from the date of receipt/production of a copy of this order and the University is also required to ensure payment of the admitted dues within the time frame indicated above.

With the aforesaid, the writ application stands disposed of.

In case the respondents does not find merit in the claim of the petitioner, the University is required to pass reasoned and speaking order rejecting any part of the arrear of the petitioner.

(Anil Kumar Upadhyay, J) spandey/- U