Jwala Prasad Singh v. The Tilka Manjhi Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13719 of 2012 ===========================================================

1. Jwala Prasad Singh S/O Late Ramswaroop Singh R/O Village- Bishunpur, P.S.- Wazirganj, District- Gaya (Bihar) .... .... Petitioner/s

Versus

1. The T.M.Bhagalpur University, Bhagalpur, Through Its Registrar

2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur

3. The Registrar, T.M. Bhagalpur University, Bhagalpur

4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur

5. The State Of Bihar, Through The Principal Secretary, Department Of Education, Government Of Bihar, New Secretariat, Patna

6. The Director, Higher Education Department, Govt. Of Bihar, Patna

7. The In-Charge, State Govt.'s Auditors Team Deputed At T.M. Bhagalpur University, Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Purshottam Kumar Jha Mr Sanjay Kumar For the Respondent/s : Mr. AC to GP 23 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 11-05-2016 Keeping in mind the direction of a Division Bench in LPA No.1844 of 2012 dated 29.2.2016, the Vice Chancellor of the University will have to take the follow up action in terms of the directive issued in paragraph 6 of the said order, which is reproduced herein below:

"6. Therefore, we allow this appeal and set aside the order of the writ Court, with a direction to the University to pay the arrears of the salary for the period, in question, and take note to consider the period of his service from 30.08.1999 to 04.06.2003 for

Patna High Court CWJC No.13719 of 2012 dt.11-05-2016 2/2 the purposes of calculating his total period of service with all consequential benefits, in so far as retiral dues are concerned."

If the petitioner files an application with a copy of the order of the Division Bench passed in the LPA, the Vice Chancellor will be duty bound to workout the claim of the petitioner with regard to his post retiral payment and dues and authorize payment. All this exercise must be done within four months of production of a copy of this order.

Writ stands disposed of in terms of above.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 11.5.2016 Transmission Date