Ravindra Nath Jha v. Kameshwar Singh Darbhanga Sanskrit University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13551 of 2019 ====================================================== Ravindra Nath Jha Son of Ramnandan Jha, Resident of Village- Sora Kothi, Dariyapur, Police Station- Fatuha, District- Patna. ... ... Petitioner/s

Versus

1.

Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga through its Registrar, Darbhanga.

2.

The Vice Chancellor, Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.

3.

The Registrar, Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.

4.

The Finance Officer, Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.

5.

The State of Bihar, through the Principal Secretary, Higher Education, Human Resources Development Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Advocate Mr.Kumar Goutam, Advocate For the State :

Smt. Shilpa Singh (Ga-12) For the University :

Ms. Renu Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

The grievance of the petitioner in the present writ petition is non-payment of salary. Taking work and denying salary would amount to Beggari which is not permissible in our fabric as Article 23 of the Constitution prohibits Beggari. Considering the fact that the petitioner is working in the respondent- Kameshwar Singh, Darbhanga Sanskrit

Patna High Court CWJC No.13551 of 2019(2) dt.08-07-2019 2/2 University Kameshwar Nagar, Darbhanga, the Court directs the University to ensure payment of salary to the petitioner if he is working regularly. Necessary decision with regard to payment of salary to the petitioner must be taken by the respondentUniversity at the earliest preferably within a period of 60 days from the date of receipt/production of a copy of the order and entire payment shall be made to the petitioner within a further period of 30 days. In the event of non-payment of arrears as well as current salary without any cogent reason, the respondents shall be liable to pay interest at the rate of 9% per annum from the date of accrual till the actual date of payment. The interest component shall be paid by the respondentauthorities from their own pockets. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U