Gopal Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14146 of 2016 ====================================================== Gopal Prasad, son of Late Surendra Prasad, Resident of Ward No. 21, Chitragupta Nagar, Station Road, Araria.

... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner-cum- Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

2. The Commissioner-cum- Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The B.N. Mandal University, Madhepura, through its Registrar.

4. The Vice Chancellor, B.N. Mandal University, Madhepura.

5. The Registrar, B.N. Mandal University, Madhepura.

6. The Finance Officer, B.N. Mandal University, Madhepura.

7. The Principal, Araria College, Araria.

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

For the Petitioner/s :

Mr. Uday Bhanu Roy, Advocate Mr. Baleshwar Kamat, Advocate For the State :

Dr. Indradeo Prasad, SC-27 For the University :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 12-03-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University. 2.

Learned counsel for the petitioner, Mr. Uday Bhanu Roy submits that although the respondents have assured in the counter affidavit that they are contemplating for making payment of the lawful dues of the petitioner but the actual benefit has not reached the petitioner.

3.

Learned counsel for the University assured the court that all the legitimate dues of the petitioner would be paid within a reasonable time.

Patna High Court CWJC No.14146 of 2016 dt.12-03-2018 2/3 4.

Learned counsel for the State submits that the University has been provided with the fund so that it may discharge its obligation towards payment of arrears/current salary and pensionary benefits.

5.

In view of the fact that the respondent-University has filed counter affidavit undertaking therein that the University has taken step for redressal of the grievance of the petitioner and is taking step for payment of salary, the writ petition is disposed of. 6.

The Court hope and trust that the University will stand by the averments made in the counter affidavit filed in the present writ petition and ensure payment of admitted dues to the petitioner expeditiously.

7.

So far as the grievance of the petitioner other than addressed in the counter affidavit, liberty shall be available to the petitioner to agitate the issue of wrong calculation of the entitlement of the petitioner or if the petitioner finds that any of his lawful grievance has not been properly addressed by the respondent-University, by filing representation along with a copy of this order within a period of one month from the date of actual receipt of payment.

8.

In case such representation is filed by the petitioner, the Registrar of the University will address the issue raised in the

Patna High Court CWJC No.14146 of 2016 dt.12-03-2018 3/3 representation by a reasoned and speaking order. The moment the University admits any further amount is payable to the petitioner, the respondent-University shall ensure payment of the remaining dues within a period of one month from the date of such decision. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.03.2018 Transmission Date