Dr. Md. Matiur Rahman Nomani And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3496 of 2017 ======================================================

1. Dr. Md. Matiur Rahman Nomani, Son of late S.M.M. Haque Nomani, Resident of Mohalla- Mahesh Patti, P.O.- Lal Bagh, P.S.- Laheriasarai, District- Darbhanga.

2. Dr. S.M.A.H. Nomani, son of late S.M.M. Haque Nomani, Resident of Mohalla- Mahesh Patti, P.O.- Lal Bagh, P.S.- Laheriasarai, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The 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, Kameshwarnagar, Darbhanga.

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

For the Petitioner/s : Mr. Gyanand Roy, Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr.

For LNM University : Mr. Archana Palkar Khoprey, 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 and 10/1, 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 December 1994 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

Patna High Court CWJC No.3496 of 2017 (3) dt.15-02-2018 2/2 petitioner has not been paid the benefit as fixed by the pay verification cell. The representation of the petitioner in this regard contained in Annexures-9 and 10/1 are pending since 30.01.2017. Under the aforesaid circumstances, the ViceChancellor is directed to take final decision on the representation contained in Annexures-9 and 10/1 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 beyond the time frame indicated hereinabove, 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, the interest has to be realized from erring officer due to whose lapse payment was delayed.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- U