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Patna High CourtCWJC/9461/2010disposed

Dr.Subhash Chandra Singh And ANR v. The T.M.Bhagalpur Universityando

2018-06-19Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9461 of 2010 ======================================================

1. Dr. Subhash Chandra Singh S/O Late Deep Narayan Singh Reader, Department Of Pol. Science, P.B.S.College, Banka

2. Kaushal Kumar Singh S/O Late Bhudeo Prasad Singh Reader, Department Of Philosophy, P.B.S.College, Banka ... ... Petitioner/S

Versus

1. The T.M.Bhagalpur University, Bhagalpur, Through Its Registrar

2. The Vice-Chancellor, T.M.Bhagalpur University, Bhagalpur

3. The Financial Advisor, T.M.Bhagalpur University, Bhagalpur

4. The Registrar, T.M.Bhagalpur University, Bhagalpur

5. The Finance Officer, T.M.Bhagalpur University

6. The Principal, P.B.S. College, Banka

7. The L.N.Mithila University, Darbhanga, Through Its Registrar

8. The B.N.Mandal University, Madhepura, Through Its Registrar

9. The Principal, M.H.M.College, Sonbarsa, Saharsa

10. The State Of Bihar, Through The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Main Secretariat, Patna

11. The Secretary, Human Resources Development, Govt. Of Bihar, New Secretariat Patna

12. The Director, Higher Education, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kr.Jha, Advocate For the Respondent/s :

Ms. Alka Verma, AC to SC-17 For University :

Mr. Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-06-2018 Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents.

Learned counsel for the petitioners submits that petitioner no.1 was transferred to T.M.B., University, Bhagalpur from L.N. Mithila University.

The controversy raised in the present writ application

Patna High Court CWJC No.9461 of 2010(17) dt.19-06-2018 2/3 lies in a narrow campus. The petitioners were appointed on different dates in different colleges under the L.N. Mithila University/T.M. Bhagalpur University. Their claim in the instant case is with regard to payment of arrears of salary/difference of revised pay-scale as well as undeposited provident fund amount. The issue requires enquiry as to the fact and as such the court is not inclined to enter into the thicket of fact. However, the court is of the considered view that if the petitioners are entitled to the aforesaid claim in the nature of monetary benefit, the petitioners may be treated fairly and appropriately by the University.

Under the aforesaid facts and circumstances, the writ petition is disposed of with liberty to the petitioners to file exhaustive representation addressed to the Vice-Chancellor, Tilka Manjhi, Bhagalpur University, Bhagalpur who shall examine the claim of the petitioners and take appropriate decision with regard to payment of arrears of salary/difference of salary as well as for ensuring deposit of the provident fund amount of the petitioners for the relevant period. The entire decision on verification of the records must be taken by the University within a maximum period of four months from the date of receipt/production of a copy of this

Patna High Court CWJC No.9461 of 2010(17) dt.19-06-2018 3/3 order.

With the aforesaid, the writ petition stands disposed of.

Ravi/- (Anil Kumar Upadhyay, J) U