Smt. Kiran Kumari Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25555 of 2013 ====================================================== Smt. Kiran Kumari Singh W/O Prof. Narayan Prasad Singh Resident Of West Rajbati, Adampur Chowk, Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Vice Chancellor, Tilka Manjhi University, Bhagalpur 3.

The Joint Registrar To Chancellor, Raj Bhavan, Patna 4.

The Principal, Sunderwati Malhila College, Bhagalpur 5.

The Principal Mokshada Girl'S Higher Secondary School, Bhagalpur 6.

The Director, Higher Education, Dept. Of Education, Bihar, Patna 7.

The Education Commissioner Cum Pradhan Secretary, Bihar Govt., Dept. Of Education, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar Shrivastawa, Advocate For the Respondent/s :

Mr.Ajay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-07-2019 This writ petition involves the issue of payment of difference of salary on account of grant of promotion as University Professor since 1996.

The respondents in their counter affidavit have not made any specific averment with regard to entitlement of the petitioner as University Professor.

The petitioner was granted promotion with effect from 7.1.1996 vide notification 12/2013 dated 27.2.2013, as contained in Annexure-7. We are in 2019.

Learned counsel for the petitioner submits that the petitioner has retired but the benefit of promotion has not been

Patna High Court CWJC No.25555 of 2013(12) dt.24-07-2019 2/2 extended to her.

Considering the notification No. 12/2013 dated 27.2.2013, as contained in Annexure-7 to the writ petition, the writ petition is disposed of with a direction to the University to calculate the entitlement of the petitioner in the light of Annexure-7 granting benefit of promotion as University Professor with effect from 7.1.1996 and entire payment of difference of salary i.e. the entitlement on promotion and the amount actually paid. Necessary calculation for grant of monetary benefit on account of promotion as University Professor w.e.f. 7.1.1996 must be completed by the respondentUniversity within a period of 30 days from today and thereafter ensure payment of the same within a further period of 30 days failing which the Vice-Chancellor and the Registrar shall pay the interest at the rate of 9% on the entire dues from the date of entitlement of the petitioner till the date of actual payment. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U