Dr. Dhananjay Kr. Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6168 of 2017 ======================================================
1. Dr. Dhananjay Kr. Singh, Son of Satyendra Kumar Singh, resident of Tadi, P.S.- Chapra Muffasil, District- Saran at Chhapra, Presently Assistant Teacher, Dept. of Psychology, Jagdam College, Chapra.
2. Manoj Kr. Singh, Son of Shri Baban Singh, Resident of Veer Kuwar Singh Colony, P.S.- Bhagwan Bazar, District- Saran at Chhapra, presently Assistant Teacher, Dept. of Psychology, Rajendra College, Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Dept. of Education, Govt. of Bihar, Patna.
2. The Director of Higher Education, Dept. of Education, Govt. of Bihar, Patna.
3. Jai Prakash University through Registrar, Rahul Sankrityayan Nagar, Chhapra.
4. Vice-Chanellor, Jai Prakash University Rahul Sankrityayan Nagar, Chhapra.
5. The Registrar Jai Prakash University Rahul Sankrityayan Nagar, Chhapra.
6. The Finance Officer, Jai Prakash University Rahul Sankrityayan Nagar, Chhapra.
7. The Principal, Jagdam College, Chapra.
8. The Principal Rajendra College, Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan, Advocate For the University :
Mr. Nagendra Kumar Singh, Advocate For the State :
Mr. Pramod Kumar Singh, AC to SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The petitioners are Guest Lecturer/Assistant Teacher in the
Patna High Court CWJC No.6168 of 2017(2) dt.22-12-2017 2/3 Jai Prakash University and they claim payment of honorarium for the period they have worked under the University. This issue cannot be resolved in this proceeding as it requires verification of the records of the University. In view of the above, the writ petition is disposed of with a direction to the petitioners to file a detailed representation before the Vice-Chancellor, Jai Prakash University within a period of one month from today along with a copy of this order. In the representation the petitioners are required to enclose documents in support of their claim that they have worked as Guest Lecturer/Assistant Teacher and even they are regularly working, as per the submission of learned counsel for the petitioner.
The respondent-University shall examine the claim of the petitioners as taking work and denying payment of salary amounts to beggari which is prohibited under Article 23 of the Constitution of India. If, in fact, the petitioners have worked the respondents are under legal and constitutional obligation to make payment of salary/honorarium for the period they have actually worked.
Accordingly, the writ petition is disposed with the direction to the respondent Vice Chancellor, J.P. University to consider
Patna High Court CWJC No.6168 of 2017(2) dt.22-12-2017 3/3 the case of the petitioners and pass appropriate order within a period of three months from the date of filing of the representation along with a copy of this order. (Anil Kumar Upadhyay, J) spandey/- U