Uday Chandra Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4697 of 2014 In Civil Writ Jurisdiction Case No. 1469 of 2013 ====================================================== Uday Chandra Jha, Son of Late Shiv Narayan Jha, Resident of VillageRupauli, P.O.-Chunni, P.S.-Madhepur, District- Madhubani. .... .... Petitioner
Versus
1. The State of Bihar through Shri R.K. Mahajan, father's name not known to petitioner, the Principal Secretary, Education Department, Government of Bihar, Patna.
2. Dr. Saket Kushwaha, father's name not known to the petitioner, the Vice-Chancellor, L.N. Mithila University, Darbhanga.
3. Shri Ajit Kumar Singh, father's name not known to the petitioner, the Registrar, L.N. Mithila University, Darbhanga.
4. Shri Keshav Kumar, father's name not known to the petitioner, the Finance Officer, L.N. Mithila University, Darbhanga.
5. Dr. Meghan Prasad, father's name not known to the petitioner, the Principal, H.P.S. College, Madhepur, District-Madhubani. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mrs. Anju Jha, Advocate For the Opposite Party/s : Mr. Chandra Mohan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2018 A show cause has been filed today on behalf of the University. Reading of Paragraph Nos. 4 and 5 thereof would show that the University has paid the admitted amount of salary arrear at Rs.36,73,350/-, the difference of pension amount of Rs.2,39,184/- with effect from 01.01.2006 and the leave encashment amount of Rs.5,454/- to the petitioner. A copy of the letter as contained in Annexure A to the show cause has been placed before this Court to demonstrate that in compliance of the
Patna High Court MJC No.4697 of 2014 (8) dt.02-11-2018 2/3 order of the learned writ Court the claim of the petitioner has been disposed off.
Mrs. Anju Jha, learned counsel representing the petitioner has strongly argued before this Court that the payments made to the petitioner are not as per his entitlement. Learned counsel submits that the leave encashment amount of Rs.5,454/- has been paid to the petitioner by adjusting 131 days of strike period, whereas, there is a decision of the Senate whereunder even for the strike period leave encashment amount is liable to be calculated. It is submitted that persons similarly situated have been paid leave encashment amount. Learned counsel further submitted that there are claims towards Group Insurance with interest at the rate of 12.5% and deferred D.A. which have not been paid to the petitioner as per his entitlement.
In the given facts and circumstances of the case, this Court is though not willing to proceed with the contempt application because it is not a case of willful disobedience or disregard of the order of the learned writ Court, but at the same time, this Court would give liberty to the petitioner to bring the aforesaid contentions on his behalf to the notice of the Registrar, L.N.
Patna High Court MJC No.4697 of 2014 (8) dt.02-11-2018 3/3 same shall be considered by the Registrar, L.N. Mithila University in order to see the grievance of the petitioner and shall ensure redressal thereof within a period of 90 days from the date of filing of the representation.
This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/Ved/- U