Kameshwar Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23716 of 2012 ======================================================

1. Kameshwar Pandit S/O Late Damri Pandit R/O Mohalla-Zero Mile, P.O.- Bahadurpur, Distt-Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Department Of Higher Education Government Of Bihar, Patna

3. The Tilka Manjhi Bhagalpur University, Bhagalpur Through Its Registrar Null Null

4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur

5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur

6. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur

7. The Principal , T.N.B.Law College, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar, Adv For the Respondent/s : Mr. Hari Mohan Mishra, A.C. to G.P.-27. For the University : Mr. Rekha Prara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The grievance of the petitioner in the present application is for payment of arrears of difference of salary and dearness allowances from March, 1989 to January, 2007 on account of pay revision with merger of 50 per cent dearness allowances in the basic salary with effect from 01.01.2005.

Petitioner superannuated as Peon on 31.01.2007. On behalf of the State in paragraph 11, stand has been taken

Patna High Court CWJC No.23716 of 2012 (2) dt.13-08-2018 2/2 that the State Government has released additional grant of 543 crores and odd for payment towards arrears of salary and pension of university employees and as such the University was under obligation to make payment of the dues to the petitioner. There is no counter affidavit filed on behalf of the University although this writ petition was filed on 19.12.2012. Under the aforesaid circumstances when the State Govt. has allocated the fund for the university for discharging the obligation towards payment of arrears and pension. The University is required to work out the entitlement of the petitioner and ensure payment thereof. The University is accordingly directed to calculate the entitlement arrears of salary payable to the petitioner for on account of a revision of pay-scale and ensure payment thereof within a maximum period of four months from the date of receipt of a production of a copy of this order.

With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- U