Dr. Md. Aftab Ashraf v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3877 of 2018 ====================================================== Dr. Md. Aftab Ashraf, Son of Md. Mateen Ashraf, Resident in Mohalla Rahmat Khan (Near Khan Saheb Ki Dyorhi), P.O.-Lalbagh, P.S.-Laheriasarai, District-Darbhanga.

... ... Petitioner/s

Versus

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

2. Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga through its Registrar.

3. Vice-Chamcellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

4. Registrar Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

5. Finance Officer, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

6. Principal, M.L.S.M. College, Darbhanga.

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

For the Petitioner/s :

Mr. Gyanand Roy, Advocate For the Respondent/s :

Mr. Binita Singh -SC28 For the LNMU :

Mr. Md. Nadim Seraj, Advocate Mr. A.K. Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

From Annexure-P/8, it appears that the petitioner has represented before the Vice-Chancellor, L.N.M. University for payment of U.G.C. scale of pay for the financial year 1987 to December, 2005 at the old rate and for the year 2010 to February 2013 at the new rate. The pay verification cell of the Government of Bihar in the Education Department has verified the entitlement of the petitioner yet the petitioner has not been paid the benefit as fixed by the pay verification cell. The

Patna High Court CWJC No.3877 of 2018(2) dt.23-03-2018 2/2 representation of the petitioner in this regard contained in Annexure-P/8 is pending since 19.12.2017.

Under the aforesaid circumstances, the Vice-Chancellor is directed to take final decision on the representation contained in Annexure-P/8 within a period of sixty days from the date of receipt/production of a copy of this order. The Vice-Chancellor is also required to fix accountability on the erring officers for delay in payment of monetary benefit arising out of the pay fixation by verification cell of the State Government. The monetary benefit admissible to the petitioner must be paid within a maximum period of sixty days from the date of receipt/production of a copy of this order.

In the event of delay in making the payment, the University shall fix accountability on the erring officers and pay interest @ 9 per cent per annum from the date of accrual to the date of actual payment.

With the aforesaid, the writ application stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U