The State Of Bihar And ORS v. Sita Kumari And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.230 of 2016 IN Civil Writ Jurisdiction Case No. 14221 of 2014 ===========================================================

1. The State Of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna

2. The Director, Department of Higher Education, Government of Bihar, Patna

3. The State Government Auditor, deployed in T.M., Bhagalpur University, Bhagalpur .... .... Appellant/s

Versus

1. Sita Kumari, daughter of late Lall Narayan Singh, resident of Shankar Chowk, Dumra, Ward no.3, Road No.2, P.S. & District- Sitamarhi Petitioner- Respondent

2. The T.M. Bhagalpur University, Bhagalpur, through its Registrar.

3. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur, Bhagalpur

4. The Registrar, T.M. Bhagalpur University, Bhagalpur

5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur

6. The Principal, S.M. College, Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Dilip Kumar, Advocate For the University : Mr. Rajendra Giri, Advocate For Respondent No.1 Mr. Purushottam Kr. Jha, Advocate Mr. Avanindra Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 16-03-2017 In directing for payment of salary to the petitioner, a lady, who was working as a Metron in a Girls' Hostel, the learned Writ Court has not committed any error. If there is any inter se dispute, administrative in nature, between the University and the State Government, it is for the State Government and the University to resolve it separately. On account of that dispute, the payment of

Patna High Court LPA No.230 of 2016 dt.16-03-2017 2/2 salary to the respondent writ petitioner, who was discharging the duties as a Matron, cannot be withheld.

Finding no ground to grant further indulgence, the appeal is disposed of.

Amount of salary be paid to the respondent writ petitioner within a period of 30 days from today. In the meantime, the State Government should pay the salary to the respondent employee and thereafter resolve the issue with the University on the administrative side. (Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.03.2017 Transmission Date N/A