Md. Ashraful Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20584 of 2021 ====================================================== Md. Ashraful Haque son of Late Md. Kamarul Haque, resident of Flat No. 1, City Complex, Bari Path, P.S.-Kadam Kuan, P.O.-Bankipur and DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Education Department, New Secretariat, Bihar, Patna.

2.

The Director, Higher Education, Bihar, Patna. 3.

Authorized Officer, Education (P.V.C.) Department, Government of Bihar, Patna.

4.

The Vice-Chancellor, Magadh University, Bodh Gaya. 5.

The Registrar, Magadh University, Bodh Gaya.

6.

The Finance Officer, Magadh University, Bodh Gaya. 7.

The Principal, Oriental College, Patna City, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Advocate For the University :

Mr. Sunit Kumar, Advocate For the State :

Mr. Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-05-2025 Heard Mr. Mohammed Abu Haider, learned counsel appearing on behalf of the petitioner; Mr. Sunit Kumar, learned counsel appearing on behalf of the Magadh University and Mr. Prabhakar Jha, learned GP-27 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

"(i) For issuance of an appropriate writ and/or direction, directions, order, orders, commanding the respondents-particularly the respondents- University to provide promotional

Patna High Court CWJC No.20584 of 2021(3) dt.08-05-2025 2/3 benefits with effect from 23.11.1998 and difference of salaries of the same may also be provided till retirement of the petitioner i.e. 28.02.2018 with interest @ 18% thereon.

(ii) For direction to the respondentsuniversity to fix the pension according to the pay scale of Associate Professor (Reader) and arrear of the same from 01.03.2018 till date with interest @ 18% thereof may also be provided.

(iii) For direction to the respondents university to provide the Earn Leave Encashment of 216 days with interest @ 18% thereof.

(iv) For the direction to the respondents university to provide the difference of gratuity amounts as applicable in accordance with the 7th pay commission.

(v) For the direction to the respondents university to fix the pay scale on the post of Associate Professor (Reader) in accordance with the 7th pay commission and arrears of the same also be provided with interest @ 18% thereof.

(vi) For the direction to the respondents university to provide any other admissible dues or any relief or reliefs which the petitioner is entitled to."

3. Learned counsel appearing on behalf of the petitioner seeks to pursue remedy before the Registrar of the Magadh University for the relief(s) as prayed for in the present writ petition.

4. The Registrar of the Magadh University is directed to consider the grievance of the petitioner and after providing due opportunity to the petitioner, pass a reasoned order within a period of two months in accordance with law, considering the fact that the present writ petition was filed during Covid-19 pandemic period.

5. In the meantime, the admitted due payable to the

Patna High Court CWJC No.20584 of 2021(3) dt.08-05-2025 3/3 petitioner must be paid forthwith without any further delay.

6. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U