Dr. Syed Iqbal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.82 of 2022 ====================================================== Dr. Syed Iqbal Ahmad S/o Late Md. Zobair R/o Mohalla Road No.- 2, White House Compound, P.S.- Rampur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department Education, Bihar.

2.

The Secretary Department Education, Govt. of Bihar, Patna. 3.

The Magadh University Through its Registrar.

4.

The Vice- Chancellor Magadh University, Bodh Gaya, District- Gaya. 5.

The Registrar Magadh University, Bodh Gaya, District- Gaya. 6.

The Finance Officer Magadh University, Bodh Gaya, District- Gaya. 7.

The Principal Mirza Galib College, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Prasad, Advocate For the Respondent/s :

Mr.Madhaw Pd. Yadaw (GP 23) For the University :

Mr.Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2023 As prayed for by Mr. Virendra Prasad, learned counsel appearing on behalf of the petitioner, permission is granted to remove the defect(s), as pointed out by the Stamp Reporter, in course of the day.

2. Heard Mr. Virendra Prasad, learned counsel appearing on behalf of the petitioner, Mr. Madhaw Pd. Yadaw, learned GP 23 for the State and Mr. Pankaj Kumar Singh, learned counsel appearing on behalf of the University.

3. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already

Patna High Court CWJC No.82 of 2022(2) dt.12-05-2023 2/3 represented before the authority concerned and the claim of the petitioner has been forwarded by the Principal of the concerned College and the delay in making payment is being caused by the Registrar of the University.

4. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of three weeks in spite of the fact that the University is stressed due to non-availability of fund.

5. The Vice-Chancellor, the Registrar and the Finance Officer of Magadh University, Bodh Gaya, must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating speedy redressal of the genuine grievance and prevent unnecessary litigation.

6. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

Patna High Court CWJC No.82 of 2022(2) dt.12-05-2023 3/3

7. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a period of three weeks.

8. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.

9. Mr. Madhaw Pd. Yadaw, learned GP 23 must ensure to communicate this order to the Additional Chief Secretary, Education Department, Government of Bihar and the Additional Chief Secretary, Finance Department, Government of Bihar and they will ensure compliance of this order.

9. With the above observation/direction, the present writ petition is allowed.

(Purnendu Singh, J) chn/- U