Dr. Kaushlesh Kumar Thakur And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1102 of 2017 ======================================================

1. Dr. Kaushlesh Kumar Thakur, son of Late Ram Karan Thakur, Resident of Mohalla -Poshanpura, P.O. - Kabirchak, P.S. - Darbhanga Sadar, District - Darbhanga.

2. Shahnaz Jamil, D/o S.M. Jamil Resident of Mohalla - G.N. Ganj, P.O. and P.S. - Laheriasarai, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Principal Secretary, Education Department, Government of Bihar, Patna.

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

4. Vice Chancellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

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

6. Finance Officer, Lalit Narayan Mithila University, Kamesharnagar, Darbhanga.

7. Principal, M.L.S.M. College, Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gyanand Roy, Advocate Mr. Shailendra, Advocate For the Respondent/s : Mr. Amit Bhushan, AC to GP-17 For the L.N.M. University: Mr. Jawed Gaffar Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the respondents. From Annexures-9/1 and 9/2, it appears that the petitioners have represented before the Vice-Chancellor, L.N.M. University for payment of U.G.C. scale of pay of the period 1998 to December, 2005 at the old rate and for the period April 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

Patna High Court CWJC No.1102 of 2017 (3) dt.15-02-2018 2/2 the benefit as fixed by the pay verification cell. The representation of the petitioner in this regard contained in Annexures-9/1 and 9/2 are pending since 15.12.2016 and 01.2.2016 respectively. Under the aforesaid circumstances, the ViceChancellor is directed to take final decision on the representation contained in Annexures-9/1 and 9/2 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 petitioners 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 and realize the interest payable to the petitioner from the erring officers responsible for delay. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- U