Abdul Hannan Subhani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6859 of 2017 =========================================================== Abdul Hannan Subhani, S/o Late Rahman Bukash, R/o Mustaffa Nagar (Kahara Block Road) Ward No. 6, Saharsa, P.S. Saharsa Post Office Saharsa DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary.

2. The Principal Secretary, Higher Education Government of Bihar.

3. The B.N. Mandal University, Laloo Nagar, Madhepura, through the Registrar.

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

5. The Finance Officer, B.N. Mandal University Laloo Nagar, Madhepura.

6. L N Mithila University, Kameshwar Nagar Darbhanga, through the Registrar.

7. The Vice Chancellor L. N Mithila University, Kameshwar Nagar Darbhanga.

8. The Finance Officer, L. N Mithila University, Kameshwar Nagar Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar and Mr. Neeraj Kumar, Advocates For the State :

Mr. Prabhakar Jha, G.P. 27 For the University :

Mr. Nadim Seraj, Advocate (L.N.Mithila University) =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-03-2018 Heard learned counsel for the petitioner; State; B.N. Mandal University and L.N. Mithila University.

2. It is accepted by learned counsel for the petitioner that now nothing remains due from L.N. Mithila University.

3. However, from the counter affidavit filed on behalf of B.N. Mandal University, following categorical statement has been made at paragraph no. 6:

" That the total amount under the head of gratuity and earn leave come to Rs. 24,39,031/- and the same will be paid within a week."

Patna High Court CWJC No.6859 of 2017 dt.16-03-2018 2/2

4. In view thereof, the Court finds that the writ petition has served its purpose and accordingly, the same stands disposed off with a direction to the respondents no. 4 and 5 to ensure that the aforesaid commitment to the Court, as stated in the counter affidavit and recorded in the order is strictly complied with, failing which it may amount to breach of undertaking to the Court and shall also make the officers of the University liable to be proceeded against. However, as a matter of grace, the Court grants them two weeks from today to comply with the same.

5. Learned counsel for the B.N. Mandal University assures the Court that the commitment before the Court shall be fully discharged.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U