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Patna High CourtCWJC/4573/2017disposed

Bibhuti Nath Jha And ORS v. The State Of Bihar And ORS

2017-12-05Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4573 of 2017 ======================================================

1. Bibhuti Nath Jha, Son of Late Jagdish Jha, presently posted as Associate Professor, Department of Economics, M.L.S.M., College, Darbhanga, P.S.- L.N.M.U., District- Darbhanga.

2. Bisheshwar Narayan Jha, Son of Indira Narain Jha, presently posted as Associate Professor, Department of History, M.L.S.M., College, Darbhanga, P.S.- L.N.M.U., District- Darbhanga.

3. Prabhash Chandra Mishra, son of Late Bhim Dutta Mishra, presently posted as Associate Professor, Post Graduate, Department of History, L.N.M.U., Kameshwar Nagar, Darbhanga, P.S.- L.N.M.U., District- Darbhanga.

4. Nirbhay Narayan Choudhary, Son of Bhola Chaudhary, presently posted as Professor, Department of Physics, M.L.S.M., College, Darbhanga, P.S.- L.N.M.U., District- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, (Higher Education), Department of Education, Government of Bihar, Patna.

4. The Deputy Director, (Higher Education), Department of Education, Government of Bihar, Patna.

5. The Lalit Narayan Mithila University, through the Registrar, Kameshwar Nagar, Darbhanga.

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

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

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

9. The Principal, M.L.S.M. College, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For the State :

Mr. Jitendra Kumar Roy No-1 SC13 For the University :

Mr. Arun Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

Patna High Court CWJC No.4573 of 2017(2) dt.05-12-2017 2/3 The grievance of the petitioners relates to non-payment of difference of arrears of revised pay scale in terms of the UGC. Mr. Subodh Kumar Jha, learned counsel appearing on behalf of the petitioners submits that the matter with regard to payment of arrears of these petitioners are pending at the level of the L.N.Mithila University, Respondent No. 6. He submits that there is no dispute as to entitlement of these petitioners. The respondent No. 6 may be directed to take final decision on the claim of the petitioners and if the claim of the petitioners is found genuine the respondents may be directed to pass appropriate order for payment of difference of arrears. Counsel for the State and the University have no objection in disposal of the writ petition.

Considering the aforesaid, the writ petition is disposed of with a direction to the Respondent No. 6 to look into the grievance of the petitioners and pass appropriate order within a period of six weeks from the date of receipt/production of a copy of this order.

In case the petitioners are found entitled to the payment of arrears as claimed by them, the respondent no. 6 is required to pass appropriate order for payment of the arrears as claimed by the petitioners in the instant writ petition.

Patna High Court CWJC No.4573 of 2017(2) dt.05-12-2017 3/3 It is made clear that this Court has not expressed any opinion on the merit of the claim of the petitioners. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U