Rabindra Nath Tiwari @ Ravindra Nath Tiwari v. Sri D.S.Gangwar Principal Secretary Education Department Human Resources Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1568 of 2016 In Civil Writ Jurisdiction Case No.22369 of 2013 ====================================================== Rabindra Nath Tiwari @ Ravindra Nath Tiwari, son of Late Sampat Kumar Tiwari, resident of Village Manpur Mathia, P.S. Bahuakia, District- West Champaran.

... ... Petitioner/s

Versus

1. Sri D.S. Gangwar son of name not known to the petitioner, Principal Secretary, Education Department, Human Resources Department, Bihar, Patna.

2. Sri Khalid Mirza, son of name not known to the petitioner, Director Higher Education, Department of Education, Bihar, Patna.

3. Sri Ravi Mittel, son of name not known to the petitioner Principal Secretary, Finance Department, Government of Bihar, Patna.

4. Sri Deo Narayan Jha, son of name not known to the petitioner, Vice Chancellor, Kameshwar Singh, Darbhanga Sanskrit University, Darbhanga.

5. Sri Sureahwar Jha, son of name not known to the petitioner, Registrar, Kameshwar Singh, Darbhanga Sanskrit University, Darbhanga.

6. The State of Bihar through Principal Secretary, Human Resources Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tara Nath Jha, Advocate For the Respondent/s :

Mr. Roy Shivaji Nath For the University : Mr. Gayanand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Mr. Gayanand Roy, learned counsel appearing for the University submits that the University has allocated fund to the concerned college for payment and, as such, the concerned College would take step for payment of arrears to the petitioner within a reasonable time.

Mr. Tara Nath Jha, learned counsel for the petitioner submits that he has no instruction from his client whether the

Patna High Court MJC No.1568 of 2016(4) dt.04-01-2019 2/2 payment has been made or not, but he submits that if the University has allocated the fund to the college, the college is required to make payment to the petitioner and if payment is made to the petitioner within a reasonable time, then there is no point to pursue this application further.

Considering the aforesaid, the present application stands disposed of on the understanding that if the University has not already allocated the fund then it will allocate the fund to the concerned college for payment within a period of one month from today and the concerned college shall ensure payment thereof within a further period of 15 days. In case, payment is not made within the time frame indicated herein above, liberty shall be available to the petitioner to file affidavit for revival of the present proceeding. With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U