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Patna High CourtCWJC/14791/2011disposed

Dr.Victor Tigga v. The State Of Bihar And ORS

2016-04-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14791 of 2011 ====================================================== Dr. Victor Tigga S/O Late John Birsa Tigga R/O Pancy Apartment, C-2, Saryoday Nagar, Ashok Path, Kanke Road, Ranchi-8 .... .... Petitioner

Versus

1. The State of Bihar through the Commissioner cum Principal Secretary Human Resources Department (Higher Education), Bihar, Patna

2. The Commissioner cum Principal Secretary Human Resources Department (Higher Education), Government of Bihar, New Secretariat, Patna

3. The Additional Commissioner cum Secretary Human Resources Department (Higher Education), Government of Bihar, New Secretariat, Patna

4. The Director Human Resources Department (Higher Education), Government of Bihar, Patna

5. The Commissioner cum Principal Secretary Finance Department, Government of Bihar, Old Secretariat, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad Singh For the Respondent/s : AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8.

25-04-2016 Heard learned counsel for the petitioner and learned A.C. to Standing Counsel - 27.

The petitioner in the present writ petition has made a prayer for directing the respondents to pay arrears of salary i.e. differential amount on account of revision of pay-scale w.e.f. 01-01-1996, as per U.G.C. scale together with admissible allowance payable to the petitioner for the period from 01-01-1996 to 13-07-1998.

The petitioner has claimed that he has worked in the Bihar College Service Commission, Patna. As per prayer made in the writ petition, the petitioner has claimed additional amount of

Patna High Court CWJC No.14791 of 2011 (8) dt.25-04-2016 2/2 Rs. 2,05,665/-.

In this case, a counter affidavit on behalf of respondent no. 1 to 4 has been filed and a categorical statement has been made that earlier, as claimed, the amount was calculated to the tune of Rs. 1,96,646/-. However, after the rejoinder of the petitioner, it was found that petitioner was entitled to get Rs. 2,05,665/-. It has been stated in the rejoinder that the said amount i.e. Rs. 1,96,646/- has already been paid to the petitioner, vide memo no. 328 dated 25-02-2014. Regarding the rest amount i.e. Rs. 9,019/-, in paragraph - 9, it has been stated that same will be paid in this financial year.

Keeping in view the fact that respondents have already admitted the remaining amount i.e. Rs. 9019/- and admitted for payment in this financial year, the Court is of the opinion that in view of meager claimed amount, the respondents can be directed to pay the same to the petitioner within a period of two weeks from the date of receipt/production of a copy of this order. Accordingly, it is ordered to be paid. The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U