Akhilesh Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17002 of 2022 ====================================================== 1.

Akhilesh Kumar Ojha Son of Late Suraj Deo Ojha, Resident of Mohalla Mela Bazar, Hajipur,P.S. Town Hajipur, District Vaishali. 2.

Sidhesh Kumar Singh Son of Late Chandraket Narayan Singh, Resident of Village Karmwari Patti, Ami P.S. Awtar Nagar, District Saran. 3.

Sudhakar Shukla Son of Late Punyadeo Shukla, Resident of Village Salahan, Post and P.S. Govindganj, District East Champaran. 4.

Kaushal Kishore Pandey Son of Late Govind Pandey, Resident of Mohalla Mini LIC Colony, Chitragupta Nagar, Kankerbagh, P.S. Patrakar Nagar, District Patna.

5.

Ashok Kumar Jha Son of Late Raghubir Jha, Resident of Village Mathura, P.S. Bidupur, District Vaishali.

6.

Jai Kishore Pandey Son of Late Sita Ram Pandey, Resident of Village Madhopur, P.S. Maharajganj, District Siwan.

7.

Shiv Kumar Mishra Son of Late Sita Ram Mishra, Resident of Mohalla Mela Bazar, Hajipur, P.S. Town Hajipur, District Vaishali. 8.

Ram Kumar Jha Son of Late Basudeo Jha, Resident of Mohalla Bank Colony, P.S. Town Hajipur, District Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Bihar Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Deputy Secretary, Education Department, Government of Bihar, Patna. 4.

The Director, Higher Education, Bihar, Patna. 5.

Kameshwar Singh Darbhanga Sanskrit University, Darbhanga Darbhanga through its Registrar, Darbhanga.

6.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

7.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

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

For the Petitioner/s :

Mr. A.B. Ojha For the Respondent/s :

Mr. Smt. Binita Singh ( Sc 28 ) For the University :

Mr. Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

Patna High Court CWJC No.17002 of 2022(5) dt.15-04-2024 2/3 15-04-2024 Heard learned counsel for the parties.

2.

The present writ application has been filed on behalf of the petitioners seeking direction to respondent authorities to make payment of arrears of salary for the period from June 2014 to June, 2016 and from July 2017 to till date to the petitioners. 3.

Learned counsel for the petitioners submit that the college of the petitioners was disaffiliated by the State Government (Annexure-6 of the writ application). Therefore, the payment has not been made to the petitioners.

4.

Considering the facts and circumstances of the case, the University is directed to send a fresh proposal for the affiliation of the college of the petitioners to the State Government. The State Government is directed to pass a reasoned and speaking order within eight weeks after the receipt of the proposal of the University.

5.

The State Government is also directed to not consider the earlier order passed vide Annexure-6 of the writ application. 6.

The respondent no.2 shall be held responsible for noncompliance of the present order within the stipulated period. 7.

Petitioners are also directed to file a detailed representation along with all the documents in their support of claim before the University and University shall forward the

Patna High Court CWJC No.17002 of 2022(5) dt.15-04-2024 3/3 representation of the petitioners to the respondent no.2, whereafter, respondent no.2 shall pass a reasoned and speaking order, within eight weeks, in accordance with law. (Anjani Kumar Sharan, J) shikha/- U