Ugresh Narayan Mishra v. The Bhupendra Narayan Mandal University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21444 of 2014 ====================================================== Ugresh Narayan Mishra S/o Late Deep Narayan Mishra Residing at Ward No. 2, Vijay Nagar, Katihar, P.O. + P.S. + District Katihar. ... ... Petitioner/s
Versus
1. Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, P.O. + P.S. + District Madhepura through its Vice Chancellor.
2. The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, P.O. + P.S. + District Madhepura.
3. Principal, K.B. Jha College, Katihar, P.O. + P.S. + District Katihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh, Advocate For the University :
Mr. Raju Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 11-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. Mr. Bipin Bihari Singh, learned counsel for the petitioner submits that the petitioner has continuously worked as Head Clerk in K.B.Jha College, Katihar and he superannuated from service performing the duty of Head Clerk. He was made Head Clerk Incharge on 31.7.2007 and on that position he continued to work up to 30.9.2016. He relied upon a Division Bench judgment of this Court reported in 2017 (4) PLJR 282 wherein in similar circumstance this Court has held out that the petitioner is entitled to at least 20% officiating allowance for discharging the responsibility for nearly a decade.
Patna High Court CWJC No.21444 of 2014 dt.11-07-2018 2/2
3. In view of the judgment of the Division Bench of this Court reported in 2017 (4) PLJR 282, this Court has no option but to issue direction to the respondents to consider the case of the petitioner for grant of officiating allowance in terms of Rule 103 of the Bihar Service Code and accordingly, the consequential benefits to the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order.
4. With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.07.2018 Transmission Date