Smt. Nilam Kumari v. Rajesh Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2530 of 2019 In Civil Writ Jurisdiction Case No.1838 of 2015 ====================================================== Smt. Nilam Kumari W/o Late Keshwar Chandra Thakur Resident of Mohalla - Subhash Colony, Balua Tal, Police Station - Motihari, District - East Champaran at Motihar, presently residing at Quarter NO- 7 Munsi Singh College, Motihari, District - East Champaran. ... ... Petitioner/s

Versus

1.

Rajesh Kumar Singh The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar University, Bihar University, Muzaffarpur 2.

Dr. Pradip Kumar the Principal Munshi Singh College, Motihari, DistrictEast Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Vikas Ratan Bharti, Advocate For B.R.A., Bihar University :

Mr. Satyendra Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-11-2023 Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner, Mr. Satyendra Narayan Singh, learned counsel representing the B.R.A., Bihar University.

2. The petitioner by filing the present application seeking initiation of a contempt proceeding for alleged willful disobedience of the order dated 26.11.2018, passed by a Bench of this Court in C.W.J.C. No. -1838 of 2015, whereby the opposite parties were directed to ensure payment to the petitioner in respect to the officiating allowance for discharging her responsibility. A showcause affidavit has been filed on

Patna High Court MJC No.2530 of 2019(5) dt.10-11-2023 2/3 behalf of the B.R.A., Bihar University.

3. It is categorically submitted that in compliance of the order of the Hon'ble Court, the university has calculated the admitted dues of the petitioner, under the head of officiating allowance for the period of 01.02.2002 to 31.01.2014 which came to Rs. 2,93,834/-. Further submission has been made that as the State Government vide its letter no. 1741, dated 17.08.2023, has freezed the bank accounts and treasury operations of B.R.A. Bihar University, Muzaffurpur, thus, at present the university is unable to ensure payment, however, undertaking has been given before this Court that university will release the payment of the petitioner immediately after the accounts operation is resumed.

4. At this juncture, learned counsel for the petitioner submits that the calculation chart which is annexed in the showcause affidavit, is not correct and the actual payment is not being made to the petitioner as per her entitlement.

5. Considering the submissions made on behalf of the parties and taking note of the fact that entire calculation has been made by the university and the payment shall be made in favour of the petitioner, the moment the account operations would be resumed, the present contempt petition stands

Patna High Court MJC No.2530 of 2019(5) dt.10-11-2023 3/3 disposed off, with a direction to ensure the payment of the petitioner, preferably within a period of two weeks from the date the operations of the accounts resume.

6. It is needless to observe that in case the petitioner is not satisfied with the calculations as made by the university, she is at liberty to file a representation before the Registrar, B.R.A. University.

(Harish Kumar, J) supratim/- U