Dhruwdeo Sharma v. The State Of Bihar And ORS

Patna High Court CWJC No.23202 of 2012 (3) dt.13-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23202 of 2012 ======================================================

1. Dhruwdeo Sharma Son Of Late Girija Nandan Sharma Resident Of Mohalla- Nai Basti Mahadewa Near Amlori House, Siwan, Police Station + District- Siwan .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Principal Secretary, Higher Education Department, Government Of Bihar, Patna

2. Jay Prakash University, Chhapra, Through Its Registrar

3. The Vice-Chancellor, Jay Prakash University, Chhapra

4. The Registrar, Jay Prakash University, Chhapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subh Narain Singh For the Respondent/s : Mr. Arun Kumar, A.C. to G.P-1. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The present writ petition has been filed by the petitioner for a direction to the respondent to pay the difference of arrears of salary for the period of 01.04.2001 to 30.04.2004. The original petitioner died during the pendency of the writ petition. I.A. No.5058 of 2016 has been filed by successor/legal heir of the original petitioner for expunging the name of the original petitioner. For the reason stated in the I.A. No.5058 of 2016, I.A. No.5058 of 2016 is allowed and the name of the heirs as mentioned in paragraph No.2 of the aforesaid I.A. are included as

Patna High Court CWJC No.23202 of 2012 (3) dt.13-08-2018 petitioner No.1A, 1B, 1(C) and 1 (D).

On behalf of the State, stand has been taken in the counter affidavit that it is duty of the University to ensure payment to the person entitlement as necessary funds are regularly have been allocated to the University by the State Government. There is no counter affidavit on behalf of the University. Under the aforesaid circumstances, the writ petition is disposed of with the direction to the University to examine the entitlement of the petitioner and if it is found that the original petition was entitled for payment of difference of arrears for the period enumerated hereinabove, necessary order may be passed by the respondent University after calculating the entitlement and monetary benefit must be extended to the successor / substituted petitioners within a maximum period of four moths from the date of receipt of a production of a copy of this order. With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- U