Prof. Hamidur Rahman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4557 of 2015 ====================================================== Prof. Hamidur Rahman Son of Late Saidur Rahman resident of Mohalla - Near Choti Masjit , Line Bazar Purnea, P.s. K.Hat, P.O. Line Bazar Purnea , Distt- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Department, Bihar, Patna.

2. Vice-Chancellor, B.N. Mandal University, Madhepura.

3. Registrar, B.N. Mandal , University, Madhepura.

4. Finance Officer, B. N. Mandal University, Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Murli Dhar, Adv. For the Respondent/s : Mr. Sunil Kumar Ravi, AC to AAG-3 For the University : Mr. Manish Dhari Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-04-2015 Having regard to the prayer of the petitioner for difference of pay from 1.1.1996 to 31.12.2005 as also the payment of salary in the revised pay-scale of the 6th U.G.C. Pay-scale from 1.1.2006 to 30.4.2009, neither of them being retirement benefit, learned counsel for the petitioner prays to withdraw this writ application as with regard to the aforementioned two relief in order to enable the petitioner to move appropriate authority/court for claiming these benefits of salary.

As with regard to the rest of the two reliefs, namely, payment of gratuity and payment of leave encashment, this Court would find that the petitioner was the Lecturer of Urdu in the M.L.

Patna High Court CWJC No.4557 of 2015 (2) dt.03-04-2015 Arya College, Kasba (Purnea) and claims to have continued in service till 30.4.2009 when he is said to have retired while holding the post of Reader, Head of Department of Urdu. Thus, if the petitioner has not been paid the amount of gratuity and leave encashment or any part thereof, the payment of the same must be made to the petitioner within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U