Pappu Kumar v. The Vice Chancellor, Lalit Narayan Mithila University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.173 of 2017 ====================================================== Pappu Kumar, Son of Sri Bahor Mahto, Resident of Village- Havaspur East, Panchayat, Garpataul, Ward No.2, P.O. and P.S. Mansurchak, DistrictBegusarai. ... ... Petitioner/s

Versus

1. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

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

3. The Principal, D.B.K.N. College, Narhan, Distt. Samastipur.

4. The Accountant D.B.K.N. College, Narhan, Distt. Samastipur.

5. M/S 6 P.S. H.R. Consultant, Behind Tapasya Complex, Boring Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha, Advocate For the Respondent/s :

Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned counsel appearing for the University.

The grievance of the petitioner is for non-payment of salary and allowance.

Counsel for the University submits that the petitioner cannot maintain this writ application as his grievance at the best may be raised against his employer University which has engaged him on the basis of outsourcing and the service provider has already been paid and as such University is not liable to make any payment to this petitioner. Counsel for the petitioner submits that he has already

Patna High Court CWJC No.173 of 2017(2) dt.17-11-2017 2/2 represented the University as well as the Principal of the College but neither the University nor the Principal of the College has disposed of his representation as contained in Annexure-4 series. He submits that this writ petition may be disposed of with a direction to the respondent No. 3 to look into the representation and pass final order on it. Considering the innocuous prayer made by the petitioner, the writ petition is disposed of with a direction to the respondents to take final decision in accordance with law on the representation filed by the petitioner and if the petitioner is found entitled to payment of any dues, the respondent No. 3 shall see that the admitted dues are paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observations, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U