Patna High CourtMJC/4685/2011disposed

Md. Habib v. The State Of Bihar And ORS

2015-05-04Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4685 of 2011 ====================================================== Md. Habib S/O Shri Abdul Rashid R/O Phulwari Khagari Tola, Gewal Bigha, P.S. Rampur, District - Gaya.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Shri Anjani Kumar Singh, Ias. Principal Secretary, Higher Education, Govt. Of Bihar, Patna

3. Shri D.K. Yadav, Registrar, Magadh University, Bodh Gaya . .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tez Bahadur Singh, Sr. Adv For the Respondent/s : Mr. Anjani Kr Sharan SC9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 04-05-2015 Heard learned counsel for the parties.

Whatever may be the reason of non complying the order of this court dated 27.08.2010 in the connected writ application being C.W.J.C No. 8923 of 2002 because of pendency of appeal, L.P.A. No. 1221 of 2011 is now no longer available to the Opposite Parties, inasmuch as, the appeal of the State of Bihar has been dismissed on 02.04.2015, affirming the directions given by this Court in the aforementioned judgment dated 27.08.2010. Learned counsel for the State having obtained instructions from the Director, Higher Education has also submitted that the process of making payment as per the direction of this Court has been taken and the payment shall be made to the petitioner within a period of three weeks from today.

Patna High Court MJC No.4685 of 2011 (4) dt.04-05-2015 That being so, this contempt application is disposed of with a direction to the Opposite Parties and in particular to the Director, Higher Education as also Registrar of the Magadh University to ensure that the payment of salary as admissible to the petitioner in terms of the direction given by this court in the connected writ application must be made within a period of three weeks from the date of receipt of this order failing which both Director, Higher Education and Registrar of Magadh University shall not be paid their salary till full payment is made to the petitioner in terms of the directions given by this Court in the aforesaid order dated 27.08.2010 in C.W.J.C No. 8923 of 2010. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U