Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12839 of 2022 ====================================================== Dhiraj Kumar Singh Son of Late Rana Yugal Kishore Singh, Resident of Mohalla- Abbu Mohammadpur, Main Road Bakhitiyarpur, P.O.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Higher Education, Bihar at Patna.

2.

Magadh University, Bodh- Gaya, through Vice Chancellor, Magadh University.

3.

The Vice- Chancellor, Magadh University, Bodh- Gaya. 4.

The Pro Vice Chancellor, Magadh University, Bodh Gaya. 5.

The Registrar, Magadh University, Bodh Gaya.

6.

The Finance Officer, Magadh University, Bodh Gaya. 7.

The Principal, A.M. College, Gaya under Magadh University, Bodh Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar, Advocate For the Respondent/s :

Mr. Madanjeet Kumar (GP-20) For M.U.

:

Mr. Sunit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 18-03-2025 Heard learned counsel for the parties.

2. The petitioner, Mr. Dhiraj Kumar Singh has filed this writ petition for payment of arrears of difference of salary of his late father Rana Yugal Kishore Singh by way of ACP and MACP benefits with effect from 1997 along with interest at the rate of 12%.

3. The petitioner's late father Rana Yugal Kishore Singh retired from service on 31.05.2012 from the post of Demonstrator in Physics from A.M. College, Gaya under

Patna High Court CWJC No.12839 of 2022(7) dt.18-03-2025 2/3 Magadh University and he died on 05.09.2020.

4. In the proceeding held on 14.08.2024, this Court had passed the following order:- "None appears on behalf of the petitioner.

2. Learned counsel for the respondentUniversity submits that as per his instruction, arrears of difference of salary by way of A.C.P. and M.A.C.P. benefit with effect from 1997 has been paid to the petitioner.

3. Let a counter affidavit be filed by the respondent-University within six weeks.

4. Re-notify this case on 17.10.2024."

5. On perusal of the order dated 14.08.2024, it appears that learned advocate for the respondent-University, on instruction, had submitted that arrears of difference of salary by way of ACP and MACP with effect from 1997 has been paid to the petitioner. Learned counsel for the petitioner, however, has denied that such arrears of difference of salary by way of ACP and MACP of the petitioner's father was paid to him.

6. Be that as it may, though there was direction to the respondent University to file a counter affidavit within six weeks, but no such counter affidavit has been filed by the respondent-University regarding the payment of arrears of difference of salary by way of ACP and MACP of the

Patna High Court CWJC No.12839 of 2022(7) dt.18-03-2025 3/3 petitioner's late father with effect from 1997.

7. Since learned counsel for the respondentUniversity, in the proceeding held on 14.08.2024, on instruction, had submitted that the arrears of difference of salary by way of ACP and MACP with effect from 1997 of the petitioner's father has been paid to the petitioner, which has been denied by the learned counsel appearing on behalf of the petitioner, this writ petition is hereby disposed of with a direction to the respondentUniversity, particularly respondent nos. 3, 4, 5 and 6/ the Vice Chancellor, Magadh University, Bodh Gaya, the Pro Vice Chancellor, Magadh University, Bodh Gaya, the Registrar, Magadh University, Bodh Gaya and the Finance Office, Magadh University, Bodh Gaya, respectively to pay to the petitioner the arrears of difference of salary by way of ACP and MACP of the petitioner's father late Rana Yugal Kishore Singh within a period of four weeks from the date of receipt/production of a copy of this order.

8. Accordingly, the writ petition is disposed off with the above direction.

(Nani Tagia, J) Amrendra/- U