Shashi Bhushan Yadav v. The Chancellor Of The Universities

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13675 of 2022 ====================================================== Shashi Bhushan Yadav, aged 28 years, male, son of Shiv Ram Yadav, resident of Village and Post- Nathpur, Ward No. 06, Police Station- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

1.

The Chancellor of the Universities Bihar, Patna. 2.

The Vice Chancellor of the Purnea University, Purnea. 3.

The Registrar of the Purnea University, Purnea. 4.

The Dean Student Welfare, Purnea University, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Advocate For the Respondent/s :

Mr. Rajendra Kumar Giri, Advocate Mr. Harsh Vardhan, Advocate For the Chancellor :

Mr. Janardhan Pd. Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 19-03-2025 Heard the learned counsel for the parties.

2. The petitioner was selected under the scheme "Earn by Learn" by the authorities of the Purnea University, Purnea by a notification dated 19.12.2018 issued by D.S.W. (Annexure-3) for engaging the petitioner for a period of 4 - 8 weeks on a monthly honorarium of maximum of ₹5000/- (Five Thousand).

3. It is the case of the petitioner that in terms of the aforesaid notification dated 19.12.2018, he had joined on 16.01.2019 and started working under the scheme "Earn

2/4 by Learn".

4. The grievance of the petitioner is that though the petitioner had worked from 16.01.2019 under the scheme "Earn by Learn", the authorities of the respondent - University have not paid the petitioner's monthly honorarium which was indicated in the notification dated 19.12.2018. The petitioner, however, has not indicated in the writ petition up to which period the petitioner had worked under the scheme "Earn by Learn".

5. The respondent - University has filed a counter affidavit through respondent nos. 2, 3 and 4.

6. In the counter affidavit filed, the respondent - University, while admitting that the petitioner was selected under the scheme "Earn by Learn" on a monthly honorarium of maximum of ₹5,000/- (Five Thousand) however, like the petitioner, has not indicated for how much period the petitioner had worked under the scheme "Earn by Learn" after the petitioner was selected under the said scheme.

7. On examination of the rival pleadings of the parties, though the petitioner appears to have been selected

3/4 under the "Earn by Learn" scheme by the university authorities vide notification dated 19.12.2018 and that the petitioner had started to work under the "Earn by Learn" scheme from 16.01.2019, it is, however, not discernible from the pleadings of the rival contesting parties, up to which period the petitioner had worked under "Earn by Learn" scheme if at all on and from 16.01.2019.

8. Under the circumstances, I deem it appropriate to dispose off this writ petition with a direction to the respondent - University to verify as to whether the petitioner had worked under the scheme "Earn by Learn" on and from 16.01.2019 pursuant to his selection vide notification dated 19.12.2018 and if so, up to which period. On the basis of the findings that may be recorded by the respondent - University on the verification made as directed hereinabove and the petitioner is found to have worked for a specific period he shall be paid the monthly remuneration as per notification dated 19.12.2018 issued by the D.S.W. of Purnea Univesity (Annexure-3).

9. The verification, as directed above, shall be completed by the respondent - University within a period of

4/4 two weeks from the date of receipt of certified copy of the order.

10. This writ petition stands disposed off with the above direction.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.03.2025 Transmission Date NA