Prof. Ganga Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7838 of 2017 ====================================================== Prof. Ganga Prasad Yadav Son of Late Buniyadi Yadav, resident of VillageBirauli, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Higher Education, Government of Bihar, Patna.

2.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

3.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4.

The Financial Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Budget and Accounta Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

7.

The Principal, Kalidas Vidyapati Science College, Uchchaith, Benipatti, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv For the State :

Mr.Ram Vinay Pd. Singh, Adv For the University :

Mr.Alka Verma, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-University and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

2/4 "(i) For payment of difference arrears of salary and other pre retiral dues amounting to rupees 12,10,916 (Rs. Twelve lacs ten thousand nine hundred and sixteen under different head such as difference of U.G.C. Pay Scale, two increments for acquiring the Ph.D Degree and other heads.

(ii) For payment of arrears of salary for the strike period i.e. from August 2000 to 9th December 2000 in pursuant to the order dated 29.06.2011 passed in M.J.C.

No. 550 of 2010 passed by this Hon'ble Court.

(iii) For payment of interest over the admitted amount of pre retiral dues for the delayed payment by the respondent University.

(iv) For that any other relief/reliefs for which the petitioner is deemed to be entitled in the eye of law."

4. While advancing argument, learned counsel for the petitioner admits that as against the relief claimed in paragraph 1(i), the petitioner has received part payment but some dues is still to be paid to the petitioner. So far as the relief claimed in paragraph 1(ii) is concerned, the petitioner admits that the entire relief has been granted and payment has been made to the petitioner. Learned counsel for the petitioner, therefore, submits

3/4 that for claiming the balance amount of payment with regard to relief claimed in paragraph 1(i), the petitioner is prepared to file a fresh representation before the Registrar of the University and prays that an appropriate direction be issued to the Registrar of the University to dispose of the representation filed by the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsels appearing for respondent-University and respondent-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the Registrar of the University for claiming the balance amount of payment, which as per the petitioner is still due to be paid to him. This representation must be filed within two months from today and if such a representation is filed within the stipulated time then the Registrar of the University is directed to dispose of the same within a further period of three months from the date of filing of the representation, after giving an opportunity of hearing to the

4/4 petitioner. Needless to emphasize that the final order which shall be passed by the Registrar of the University should be a reasoned and speaking order. It is made clear that in case, the petitioner is found entitled to the payment which the petitioner would be claiming through the representation, the same should be paid to the petitioner within a further period of three months from the date of passing of the final order.

7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U