Niranjan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4714 of 2014 In Miscellaneous Jurisdiction Case No. 1160 of 2011 ====================================================== Niranjan Kumar, Son of late Bhujangi Kumar, R/o Village - Pansalla, P.S. - Bath, District - Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Patna, namely Mr. B.P. Sharma, IAS.

2. The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat Patna namely Mr. R.K.Mahajan, IAS.

3. The Director, Higher Education Department, Govt. of Bihar, Patna namely Mr. S.M.Karim.

4. The T.M. Bhagalpur University Bhagalpur, through its Registrar namely Dr. M.G.Mustafa.

5. Dr. R.S.Dubey, Vice-chancellor, T.M. Bhagalpur University, Bhagalpur.

6. Dr.A.K.Roy, Pro-Vice Chancellor, T.M. Bhagalpur University Bhagalpur.

7. Mr. B.P. Verma, Finance Officer, T.M. Bhagalpur University, Bhagalpur.

8. Mr. S. K. Sinha, Dy. Registrar, T.M. Bhagalpur University, Bhagalpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Purushottam Kumar Jha, Advocate For the University :

Mr. Rajendra Kr. Giri, Advocate For the State :

Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER

10. 17-02-2017 Sri Purushottam Kumar Jha, learned counsel for the petitioner accepts that pursuant to the judgment of this Court in the writ proceedings substantial compliance has already been done by the T.M. Bhagalpur University, Bhagalpur. He, however, contend that while paying the arrears of salary and pensionary benefits the pay fixation has not been correctly done.

In my view, that would be a subject matter of

Patna High Court MJC No.4714 of 2014 (10) dt.17-02-2017 a separate adjudication. If the petitioner files a representation in this regard before the Vice-Chancellor of the University, the Vice-Chancellor would get the same enquired to the Finance Advisor of the University and take a decision in this regard after hearing the petitioner, if he so desires. The decision, then, must be communicated with reasons to the petitioner, who, if aggrieved, may take such action as he may be advised. This procedure must be completed by the ViceChancellor of the University within three months of the representation being filed and failure to the aware to the time schedule would automatically amount to contempt. With this observation and direction, this application stands disposed of.

(Navaniti Prasad Singh, J.) Rajeev/- U