Dr. Md. Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21013 of 2021 ====================================================== Dr. Md. Naushad Alam Son of Tahir Ansari Resident of Behind Delhi Public School, Jhanda Chowk, Line Bazar, Purnea, P.S. Purnea, District- Purnea, Presently posted as Associate Professor, Department of English, M.L. Arya College, Kasba, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director Higher Education, Education Department, Government of Bihar, Patna.

4.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

6.

The Finance Officer, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

7.

The Vice Chancellor, Patna University, Purnea. 8.

The Registrar, Patna University, Purnea.

9.

The Finance Officer, Patna University, Purnea. 10.

The Principal, M.L. Arya College, Kasba, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate For the Respondent/s :

Mr. Madhukar Mishra, AC to SC-16 For the University :

Mr. Ritesh Kumar, Advocate For Respondent No. 7, 8 & 9 Mr. Rakesh Kumar Samrendra, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2023 Heard the parties.

2. The short question, involved in this case, is for payment of arrears of difference of salary pursuant to the promotion granted to the petitioner to the post of Lecturer, Senior Scale under the Career Advancement Scheme with effect from 08.11.2000.

Patna High Court CWJC No.21013 of 2021(6) dt.09-05-2023 2/2

3. Learned counsel for the University submits that in paragraph-5 of the counter affidavit the specific stand of the University is that arrears of difference of salary of the petitioner has been calculated and a sum of Rs. 9,65,408/- has been found to be payable to him. Accordingly, the Registrar of the University has sent a letter to the Director, Higher Education, Government of Bihar, Patna vide Letter dated 01.09.2022 for release of the requisite fund for payment of arrears in favour of the petitioner but the same is still pending.

4. In view of the aforesaid submission made in the counter affidavit filed by the University, I direct the Director, Higher Education, Government of Bihar, Patna to release the fund as demanded by the University, if the same has not yet been released, within a period of one month in order to make payment to the petitioner towards his arrears of difference of salary as admitted by the University.

5. With the aforesaid observation and direction, the writ application is disposed of.

(Anil Kumar Sinha, J) perwez U