Avanindra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6703 of 2012 ====================================================== Avanindra Kumar Sinha H/o Late Dr. Usha Verma C/o Late K.N. Tiwary, resident of village - Bishunpur Pakari, North from Shri Radha Krishna Temple, P.O- Bishunpur Pakari, P.S- Beur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Dr. R.B. Sinha, the Vice Chancellor, J.P. University, Chapra.

3. Mr. Tapasvi Prasad Singh, the Registrar, J.P. University, Chapra.

4. Dr. Bimal Kumar, the Vice Chancellor, B.R.A. Bihar University, Muzaffarpur.

5. Mr. Bibhas Kumar Yadav, the Registrar, B.R.A. Bihar University, Muzaffarpur.

6. Mr. B.P.Pandey, the Principal (Prof-in-charge), J.P. M. College, Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekar Tiwary For the BRA Bihar Univ. : Mr. Vikash Ratan Bharti For the J.P.Univ. : Mr. Mrigendra Kumar For the State Mr. N.S. Roy, Mr. Komal Kr. Sinha, AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-05-2015 In the present case, by and large, all payments have been made except few.

First, I am dealing with revision of pay on account of 6PRC which is to be paid in three instalments, first in 15%, second in 40% and third in 45%.

The counsel for the petitioner submits that he has already received first and second instalments. Only third instalment has not been paid by the University arising from the 6PRC.

Stand has been taken by the University that the

Patna High Court MJC No.6703 of 2012 (22) dt.11-05-2015 2/2 petitioner would be paid third instalment i.e. rest 45% amount on receipt of the fund from the State Government. The Stand cannot be said to be unreasonable.

Direction is given to the J.P. University, as and when the University will receive the arrear amount of 45% will be paid to the petitioner in terms of seniority.

So far deferred DA is concerned, the counsel for the BRA Bihar University, Muzaffarpur submits that he has written a letter with respect to the deferred DA and when he will receive the reply then the action will be taken.

In view of the submission made by the University, this Court directs that the Registrar as well as the Finance Controller of both the Universities will sit together, examine the matter of the petitioner, sort out the problem and pay the admissible deferred DA amount with interest within four months from the date of receipt/production of a copy of this order. In failure to make payment, the petitioner will have liberty to file a simple application for revival of the contempt proceeding. With the above observation/direction this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U