Dr. Tarun Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5650 of 2016 ====================================================== Dr. Tarun Kumar, Professor, Department of Hindi, Patna College, Patna. ... ... Petitioner/s

Versus

1. The State of Bihar, Department of Higher Education, Government of Bihar, Patna through its Secretary.

2. Patna University, Patna through its Vice Chancellor.

3. The Vice Chancellor, Patna University, Patna.

4. The Registrar, Patna University, Patna.

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr. M.K.Upadhyay, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University as well as the State.

Mr. Ajay Kumar Sinha, learned counsel for the petitioner submits that the respondent-authorities of the Patna University are supposed to take final decision with regard to the claim of the petitioner for payment of arrears of difference of salary of the promotional post. He submits that the University is aware of the factual and legal position yet they are indifferent in deciding the claim of the petitioner. This writ petition is pending since 2016. In view of the fact that the petitioner was granted promotion and on account of promotion, he is entitled to payment of difference of arrears of salary on account of his

Patna High Court CWJC No.5650 of 2016(2) dt.19-01-2018 2/2 promotion. Necessary documents raising claim for payment of arrears of difference of salary has been submitted by the petitioner vide Annexure-3.

In view of the above, the writ petition is disposed of with a direction to the Vice-Chancellor and the Registrar of the University to take final decision and ensure payment of arrears of difference of salary of the petitioner on account of promotion within a maximum period of 60 days from the date of receipt/production of a copy of this order.

In the event of the admitted monetary benefits not paid to the petitioner within the aforesaid period, the payment will carry interest at the rate of 9% per annum from the due date til the date of actual payment.

With the aforesaid, the writ petition is disposed of. (Anil Kumar Upadhyay, J) spandey/- U