Dr. Ajay Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3129 of 2018 ====================================================== (Dr.) Ajay Kumar Jha, son of Late Ganesh Jha, Associate Professor Department of English M.L.S.M. College Darbhanga, P.S. & DistrictDarbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Principal Secretary Human Resources Development Department, Government of Bihar, Patna.

3. Lalit Narayan Mithila University Kameshwar Nagar Darbhanga through its Registrar.

4. Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

7. Principal M.L.S.M. College Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra Mr. Ajay Kumar For the University :

Mr. Arun Kumar Prasad For the Respondent :

Mr. Madanjit Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as learned counsel for the University.

Learned counsel for the petitioner submits that the issue with regard to entitlement of the petitioner for payment of arrears is no more res-integra. In fact, a coordinate bench of this court in C.W.J.C. No. 5331 of 2010 vide order dated 12.10.2010, has already examined the entitlement of similarly circumstanced teachers of University and has issued direction for payment of arrears within a time frame of fifteen days and, as such, he submits that the present writ application is also covered by the principle laid down by the coordinate Bench in

Patna High Court CWJC No.3129 of 2018(2) dt.09-03-2018 2/2 C.W.J.C. No. 5331 of 2010.

It is submitted that the present writ application may be disposed of with a direction to the Lalit Narayan Mithila University Darbhanga to take final decision with regard to the entitlement of the petitioner for payment of arrears in the light of decision of the coordinate Bench in C.W.J.C. No. 5331 of 2010 vide order, dated 12.10.2010.

Without expressing any opinion on the claim of the petitioner as to the similarity with the case of the petitioner in C.W.J.C. No. 5331 of 2010 for deciding the entitlement of the petitioner for payment of of arrears, the writ application is disposed of with the direction to the respondents to examine the claim of the petitioner in the light of the decision of this court in C.W.J.C. No. 5331 of 2010 as the principle decided by this Court is applicable to all the Universities of the State of Bihar and the respondents cannot take a different view for considering the entitlement of the teachers of the Universities. In the event the respondents find the case of the petitioner similar to that of petitioner(s) of C.W.J.C. No. 5331 of 2010, they are required to pass appropriate order extending the same benefit to this petitioner also.

Ravi/- (Anil Kumar Upadhyay, J) U