Dilchand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16669 of 2022 ====================================================== Dilchand Mahto Son of Late Sibu Mahto, Resident of Village- Hardaman, P.O. Hardaman, P.S.- Dobhi, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education Department, Government of Bihar, Patna.

2.

The Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Kameshwar Nagar, Darbhanga.

3.

The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

4.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwr Nagar, Darbhanga.

5.

The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Kameshwar Nagar, Darbhanga. 6.

The Governing Body, Sanskrit Upshastri College, Hardaman, Gaya. 7.

The Principal, Sanskrit Upshastri College, Hardaman, Gaya. 8.

The Account Officer, Sanskrit Upshastri College, Hardaman, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar, Advocate For the Respondent/s :

Mr.Prabhakar Jha ( GP 27 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-10-2023 Heard Mr. Subodh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Prabhakar Jha (GP 27), learned counsel for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the Registrar of the University and the delay in making payment is only being caused by the Registrar of the University.

Patna High Court CWJC No.16669 of 2022 dt.05-10-2023 2/3

3. Learned counsel appearing on behalf of the petitioner has further relied on order dated 19.02.2021 and 08.07.2021 passed in CWJC No.1806 of 2020 (Sushil Kant Mishra Vrs. The State of Bihar & Ors.), as contained in Annexure 'P/6 (series) to the writ petition.

4. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of six weeks.

5. Considering the rival submissions made by the parties and in view of the admitted fact that the petitioner has filed a detailed representation before the Registrar of the University, the Vice Chancellor must ensure that the Registrar of the University takes steps for making payment of the retiral dues, pension and applicable interest on account of delay in payment to the petitioner within a period of six weeks.

6. At this stage, learned counsel appearing on behalf of the University informs this Court that the University is stressed due to non-availability of fund. If it is true, the Vice Chancellor and the Registrar of the University should personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund,

Patna High Court CWJC No.16669 of 2022 dt.05-10-2023 3/3 which is required by the University for the payment, which is required to be paid to the petitioner.

7. With the above observation/direction, the present writ petition is disposed of at the stage of admission. (Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 10.10.2023 Transmission Date