Umesh Chandra Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1423 of 2015 =========================================================== Umesh Chandra Mishra, Son of Pandit Kamla Nand Mishra, Resident of Rakesh Market opposite Gandak Project, Sri Nagar, Siwan, Post Office, Police Station and District- Siwan.

.... .... Petitioner/s

Versus

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

2. Baba Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur through its Registrar.

3. The Vice-Chancellor, Baba Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur.

4. The Registrar, Baba Sahed Bheem Rao Ambedkar Bihar University, Muzaffarpur.

5. The J.P. University, Chapra through its Registrar.

6. The Registrar, J.P. Uiversity Chapra.

7. The Vice-Chancellor, J.P. University, Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shubh Narain Singh, Advocate For the J. P. University :

Mr. Nagendra Kumar Singh, Advocate For the B.S.B.R.A.B.University :

Mr. V. R. Bharti, Advocate For the State :

Mr. Jitendra Kumar Roy-1, S.C. 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-09-2018 Heard learned counsel for the petitioner; State; B.R.A. Bihar University and J.P. University.

2. The petitioner has moved the Court for the following reliefs:

"(I) To give differences of arrears of salary to the petitioner with effect from February, 1981 to till October 1992 to the basis of U.G.C. revised pay scale and with promotional benefit for the post of Reader with effect from 18.07.1986 with interest. (II) To given the amount of different deferred D.A. to the petitioner with effect from 1990 to

Patna High Court CWJC No.1423 of 2015 dt.18-09-2018 2/2 October 1992 with interest and H.R.A.

(III) To pay the amount of interim relief to the petitioner with interest.

(IV) 9% interest on D.A. amount as per decision of this Hon'ble Court.

(V) And / Or any other appropriate relief (s) to the petitioner for which he may be found entitled to in the eye of law."

3. From the pleadings it appears that all admitted dues of the petitioner have been paid except for arrears of salary for the period prior to November, 1992.

4. The stand taken in the pleadings on behalf of the two Universities is that the amount has been paid. However, with regard to deferred D.A., the stand is that the amount which is to be received from the B.R.A. Bihar University within a few days shall be disbursed to the petitioner by the J.P. University within one week from the date of receipt of the amount.

5. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the J.P. University to ensure that the payment of deferred D.A. is made to the petitioner latest within three weeks from today.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U