Dr. Mrs. Shobha Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3455 of 2018 ====================================================== Dr. ( Mrs. ) Shobha Pandey, W/o Sri Umesh Pandey resident of Mohalla Pali Road (Naga Path), P.O. + P.S. Dehri-on-Sone, District- Rohtas and an Associate Professor in Sanskrit at Mahila College, Dalmianagar (Rohtas). ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary (Higher Education), Govt. of Bihar, Patna.

2. The Director (Higher Education) Govt. of Bihar, Patna.

3. The Veer Kunwar Singh University, Ara through the Registrar.

4. The Vice-Chancellor, Veer Kunwar Singh University, Ara.

5. The Finance Officer, Veer Kunwar Singh University, Ara.... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the State :

Mr. Pramod Kumar Singh, AC to SC-16 For the University :

Mr. Rajesh Pd. Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner, University and the State.

This writ application has been filed by the petitioner for a direction to the respondents to pay arrears of difference of salary.

In the matter of payment of difference of salary the respondents are required to examine the entitlement with reference to available records and if it is found that the petitioner is entitled to payment of arrears of difference of salary, necessary order for payment of the same is required to be passed by the University.

In the matter of payment of difference of salary there is no issue to be adjudicated which is a matter of factual

Patna High Court CWJC No.3455 of 2018(3) dt.11-05-2018 2/2 enquiry to be done at the level of the University. As such, the writ petition is disposed of with a direction to the University to take final decision on the claim of the petitioner for arrears of difference of salary within a maximum period of 60 days from the date of receipt/production of a copy of this order. It goes without saying that on determination of the entitlement of the petitioner for payment of arrears of difference of salary, the University will ensure payment of the same within a further period of 30 days.

If the University is facing financial constrains in making payment, the University is well advised to raise an additional demand for allocation of additional fund before the State Government by enclosing the utilization certificate of the fund allotted earlier. In case such requisition is made for additional fund enclosing such utilization certificate of previously allotted fund, the State Government will release the additional fund at the earliest so that payments are made to the petitioner and alike at the earliest.

With the aforesaid, the writ petition stands disposed of.

spandey/- (Anil Kumar Upadhyay, J) U