Amarendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9831 of 2022 ====================================================== Amarendra Kumar Son of Late Janardan Prasad Mandal Resident of Janardan Niwas, Ward No. 5, Professor Colony, Madhepura, P.S. and DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education, Government of Bihar, Patna. 3.

The B.N. Mandal University, Laloo Nagar, Madhepura through its Registrar. 4.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 5.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 6.

The Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura. 7.

The Financial Advisor, B.N. Mandal University, Laloo Nagar, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate Mr. Sandeep Kumar, Advocate For the State :

Ms. Namrata Singh (AC to Ex GA12) For the BNMU :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2025 Heard learned counsels for the parties.

2.

Learned counsel for the petitioner is directed to add the Director, Higher Education, Govt. of Bihar, Patna as respondent no.8 in course of day.

3.

The petitioner has approached this Court for the following reliefs:- (i) For issuance of direction to the respondents to make payment of unpaid arrears of difference of salary from 05.08.1996 to 31.12.2015 on account of promotion to the post of Associate Professor. (ii) For issuance of direction to the

Patna High Court CWJC No.9831 of 2022(7) dt.20-01-2025 2/3 respondents to make payment of interest @ 18% per annum to the petitioner on the difference of salary payable to the petitioner in the scale of Associate Professor.

(iii) For issuance of declaration holding that the petitioner is entitled for payment of difference of unpaid arrears of salary on account of promotion to the post of Associate Professor.

(iv) For issuance of declaration holding that the petitioner is entitled for grant of interest at the rate of 18% per annum as delay in payment is squarely attributed to the respondents.

(v) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the case.

4.

A counter affidavit has been filed on behalf of the respondent nos.3 to 7. In para-5, it is stated that for payment of arrears of salary to the petitioner, the Registrar, BNMU vide letter no.A/C-09/25 dated 15.01.2025, addressed to the Director, Higher Education, Department of Education, Govt. of Bihar, Patna, has requested for release of Rs.53,28,866/- for making payment to the petitioner towards his arrears of salary for the period 05.08.1996 to December 2015, as per the demand sent by the College. (Annexure-A of the counter affidavit filed on behalf of respondents nos.3 to 7).

5.

Considering the arguments of the parties, I dispose of the present writ application with a direction the Education Department to release the fund for the payment of dues salary to

Patna High Court CWJC No.9831 of 2022(7) dt.20-01-2025 3/3 the petitioner within a period of six weeks' from the date of production/receipt of a copy of this order.

6.

It is made clear that the respondent no.8 shall be held responsible for the non-compliance of this order within the stipulated period.

(Anjani Kumar Sharan, J) shikha/- U