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Patna High CourtCWJC/17256/2015disposed

Dr. Banmala v. The State Of Bihar And ORS

2018-10-29Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17256 of 2015 =========================================================== Dr. Banmala W/o Ram Nandan Kumar, resident of Mohalla- Shree Krishnapuri, P.S.+ District -Begusarai a Superannuated employee as Reader from S. K. Mahila College,. Begusarai, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Vice Chancellor, L. N. Mithila University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. The Principal, S. K. Mahila College, Begusarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the State :

Mr. Anuj Kumar, A.C. to S.C. 12 For the L.N.M.U.

:

Mr. Jawed Gaffar Khan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-10-2018 Heard learned counsel for the petitioner; State and L.N. Mithila University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

"For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent authorities to grant two increments on account of acquiring Ph.D. degree w.e.f. 01.01.1996 in view of judgment passed in CWJC No. 15136 of 2010 dated 15.11.2010 by which the Hon'ble Court has held that two increments are payable on account of acquiring Ph.D. degree and a direction to make payment the arrears of pre and post retiral dues thereupon having added two increments from 01.01.1996.

(ii) For issuance of any other appropriate

Patna High Court CWJC No.17256 of 2015 dt.29-10-2018 2/2 writ/writs, order/ orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

3. It is admitted at the Bar that the petitioner has been granted the relief sought.

4. Learned counsel for the petitioner submitted that liberty be given to him to file representation before the Registrar of the University to ensure that actual payment is made to him in terms of the fixation made by the University on 06.09.2013, which the University admits.

5. In view thereof, the writ petition stands disposed off with liberty aforesaid.

6. If the petitioner files such representation with regard to the unpaid amount before the Registrar of the University within three weeks from today, the same shall be considered and the Registrar shall ensure that whatever remains of the admitted dues to be paid to the petitioner is paid to her within three weeks from the date of filing of such representation.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U