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Patna High CourtMJC/68/2017disposed

Dr. Avesh Chandra Jha v. The State Of Bihar And ORS

2020-02-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.68 of 2017 In Civil Writ Jurisdiction Case No.15989 of 2015 ====================================================== Dr. Avesh Chandra Jha son of Late Ganesh Chandra Jha, resident of Mohalla - Lal Niwas, Station Road, Madhubani, P.S. - Town Madhubani, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. R. K. Mahajan, Son of not known, the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

Mr. Khalid Mirza, Son of not known, the Director, Higher Education Department, Govt. of Bihar, Patna.

4.

Dr. Saket Kushwaha, Son of not known, the Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5.

Dr. Ajit Kumar Singh, Son of not known, the Registrar, Lalit Narayan Mithila University, Darbhanga.

6.

Sri Ram Babu Sah, the Finance Officer, Lalit Narayan Mithila University, Darbhanga.

7.

Dr. Arvind Kumar Jha, the Principal, C.M. Science College, Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the State :

Mr. Ashutosh Ranjan Pandey, AAG-15 For University : Mr. Md. Nadim Seraj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2020 This application has been filed for initiating contempt proceedings against the opposite parties with the allegation of willful disobedience of this Court's order dated 07.09.2016, passed in CWJC No. 15989 of 2015 and other analogous cases. The petitioner had retired as University Professor of Zoology from C.M. Science College, Darbhanga under L.N. Mithila University.

He had filed the aforesaid writ application seeking direction to the respondents to pay him post retiral and other

Patna High Court MJC No.68 of 2017(4) dt.05-02-2020 2/2 dues. The writ application was disposed of along with other cases with a direction to the State Government to release fund in favour of the University for clearing admitted dues of the teaching and non-teaching employees of the University. The University was, in turn, directed to pay the amount. A show cause reply has been filed on behalf of the University stating therein that the University, after having received necessary funds from the State Government, has paid to the petitioner, admitted amount of pension, gratuity, earned leave, group insurance, deferred dearness allowance and provident fund. It is the case of University, thus, that this Court's order has been complied with and no case of willful disobedience is made out.

Considering the averments made in the show cause reply filed by the officials of the University, the contempt proceeding stands dropped.

If, according to the petitioner, there is any discrepancy in calculation of the amount paid to him against various heads, he will be at liberty to approach the appropriate authority under the University.

Rajesh/- (Chakradhari Sharan Singh, J) U