Suryadeo Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2171 of 2017 ====================================================== Suryadeo Prasad Sah S/o Late Raghunath Prasad, R/o Village- Karahi Khurd Sareya Road, P.O. and P.S.- Basantpur, Dist.- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretary, Higher Education, Govt. of Bihar, Patna 2.

The Vice Chancellor B.R.A Bihar University, Muzaffarpur. 3.

The B.R.A. Bihar University Muzaffarpur through its Registrar. 4.

The Vice Chancellor J.P. University, Chapra.

5.

The Jai Prakash University Chapra through is Registrar. 6.

The Principal cum Prof. In Charge, R.B.G.R. College, Maharajganj, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the State :

Mr.Ashutosh Ranjan Pandey, AAG-15 For the J.P.U.

: Mr. Nagendra Kumar Singh For the B.R.A.B.U.

: Mr. Arbind Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2019 The petitioner has filed a supplementary affidavit and has set out his subsisting grievances in paragraph nos. 3, 4 & 5 of the same, which are reproduced herein below:- "3. That, while filing rejoinder to the counter affidavit filed on behalf of J.P. University it has been specifically stated that as per the calculation chart so forwarded by the college concerned Rs. 1,65,465/- is payable for the period 1981 to October, 1992 more so for the period of 2000 to 2005 the payable amount was Rs. 5,33,357/- to be paid but while amalgamating both the amount only Rs. 4,03,723/- has been paid to the petitioner which is less by Rs. 3,25,325/-.

4. That, since the Respondents are not in a position to controvert the calculation so relied by the petitioner they are not only answerable to the

Patna High Court CWJC No.2171 of 2017(13) dt.13-11-2019 2/2 petitioners stand rather they ought to have make payment of the abovesaid dues payable at the tune of Rs. 3,25,325/-.

5. That, the petitioner has due respect for all sets of respondents but in compliance of the order dated 18.08.2018 passed in the present matter hereby filing the present affidavit so that in while making payment of up to date interest over the D.D.A. Amount the grievance of the present petition also be taken into account for the ends of justice and to avoid multiplicity of litigation." Having regard to the limited aforesaid subsisting grievance of the petitioner, I deem it fit and proper to relegate the petitioner to the remedy of filing an appropriate representation regarding the aforesaid grievances before the Registrar, Jai Prakash University, Chapra, i.e. the respondent no. 5 within a period of four weeks from today, which shall be considered by the respondent no. 5 and appropriate reasoned order, in accordance with law, shall be passed within a period of six weeks thereafter, and in case it is found that further benefits are payable to the petitioner herein, the same would be paid within a period of six weeks therefrom.

The writ petition stands disposed off on the aforesaid terms.

S.Sb/- (Mohit Kumar Shah, J) U