Dr. Bina Verma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12208 of 2017 ====================================================== 1.
Dr. Bina Verma and Ors wife of Late Dr. J.P. Sinha resident of Someshwar Nath Colony, East of R.N. College, P.S. - Hajipur, District - Vaishali. 2.
Dr. Umesh Narain Sinha son of Late Hardeo Narain Sinha resident of Mohan Nagar, P.S. Town, District Chapra.
3.
Dr. Chandra Bhushan Tiwary son of Late Mannarayan Tiwary resident of At P.O. -Sabalpur, Via - Sonepur, District - Saran. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
Jai Prakash University, Chapra, Bihar through its Registrar. 3.
Registrar, Jai Prakash University, Chapra, Bihar. 4.
Purvottar Railway Mahavidyalaya, Sonepur, Saran through its Principal. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhinav Srivastava, Sr. Advocate Md. Tauseef Waquar, Advocate For J.P.U.
:
Mr. Bindhyachal Rai, Advocate For the Respondent/s :
Mr. Abhanjali, A.C. to GA-12.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners, learned counsel for the University as well as learned counsel for the respondent-State.
2. The petitioners in the present writ petition has prayed for grant of following relief :- (i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Jai Prakash University, Chapra (hereinafter referred to as the University") and Purvottar Railway Mahavidyalaya, Saran, Sonepur (hereinafter referred to as the "College") to take steps towards making payment of arrears of different of salary due to the petitioners upon revision of their salaries
2/4 in the UGC revised pay-scales w.e.f. 01/01/1996; (ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to take steps towards making payment of penal interest over and above the entitlement of the petitioners upon revision of their salaries in the UGC revised pay-scales w.e.f. 01/01/1996 for the delay that has occurred in making payment of the same without there being any just and valid reason in support of the same;
(iii) Any other relief/reliefs that the petitioners may be found to be entitled to in the facts and circumstances of the present case.
3. Learned counsel appearing for the respondent University invites the attention of this Court to paragraph 7 and 8 of the counter affidavit filed by the University wherein it has been stated as follows :- "7. That the payment of Rs.8,63,470/- has been paid through cheque vide Cheque No. 677082 dated 01.02.2018 vide leter dated 03.02.2018 to the Smt. Veena Verma.
8. That the payment of Rs.16,75,414/- has been made through cheque No.677084 and payment of Rs.7,97,208/- has been made through cheque No.677083 dated 01.02.2018 vide letter no.GS 653 dated 13.02.2018 to the petitioner No. 2 and 3.
4. In support of this statement made in paragraph 7 and 8 of the counter affidavit, Annexure R/2, has been brought on record which is a letter issued by the Principal of Purvottar
3/4 Railway Mahavidyalaya to the Finance Officer of Jai Prakash University Chapra sending the cheques of Rs.16,75,414/-, Rs.8,63,470 and Rs.7,97,208/- all dated 01.02.2018 towards payment of arrears of salary for the period 1996 to December, 2005. Learned counsel appearing for the University, therefore, submits that the due amounts have already been paid to the petitioners and no further amount is due to be paid. Hence, as per the University, the grievance of the petitioner stands fully redressed.
5. Learned counsel appearing for the petitioners submits that the petitioners have received the aforesaid amounts but there is still some amount due to be paid to the petitioners. He therefore, submits that for the remaining amount, the petitioners be granted liberty to file representation before the Registrar of respondent-University and the Registrar of respondent- University be directed to dispose of the representation of the petitioners within a fixed time frame after giving an opportunity of hearing to the petitioners.
6. In view of the submissions made above, the present writ application is disposed of granting liberty to the petitioners to file a representation for the remaining amount, if any, before the Registrar of the respondent-University within one month
4/4 from today and if such a representation is filed by the petitioners, the same shall be disposed of within a further period of three months from the date of filing of the representation after giving an opportunity of hearing to the petitioners.
7. Needless to emphasize that the final order which shall be passed by the Registrar of the respondent-University should be a reasoned and speaking order.
8. With the aforesaid observation, direction and liberty granted, this writ application is disposed of.
9. All pending I.A.s, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J) sanjeev/- U