Shashi Kant Jha v. Kameshwar Singh Darbhanga Sanskrit University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22458 of 2013 ====================================================== SHASHI KANT JHA, H.O.D. DARSHAN (PHILOSOPHY DEPTT.) KAMESHWAR SINGH DARBHANGA SANSRIT UNIVERSITY KAMESHWAR NAGAR, DARBHANGA S/O LATE PT. UPENDRA JHA RESIDENT OF VILLAGE- BANSARA, POST- PACHARHI, VIARAIYAM, DISTRICT- DARBHANGA. ... ... Petitioner/s
Versus
1. Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga Through Its Vice Chancellor.
2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
3. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar Darbhanga.
4. The State Of Bihar Through T He Principal Secretary, Education Department, Patna.
5. The Secretary Finance Deptt. Govt. Of Bihar, Old Secretariat, Patna.
6. Principal Secretary Education Department, Govt. Of Bihar, New Secretariat, Patna.
7. The Director Of Higher Education, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, advocate, For the Respondent/s :
Mr. Gyanand Roy, advocate, For the State :
Mr. Hari Mohan Mishra, advocate, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-08-2018
1. Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
2. This writ petition was filed on 11.11.2013, Near the 5 years has lapsed but no counter affidavit has been filed at
Patna High Court CWJC No.22458 of 2013(2) dt.14-08-2018 2/3 one point of time. The matter was referred to the Lok Adalat but the controversy was not resolved and as such the matter was referred to the bench for adjudication. Unfortunately the deadlock is still continuing. Neither the grievance of the petitioner has been redressed nor any counter affidavit has been filed on behalf of the respondent. Under the aforesaid circumstance this Court has no option bit to issue direction to the respondent No.6 to take final decision on the claim of the petitioner for payment of salary which was not paid to the petitioner. The respondents are directed to take final decision on the claim of the petitioner with a maximum period of three months from the date of receipt/ production of a copy of this order.
It is also directed to the respondents to pass appropriate order, if they have genuine grounds for rejecting any claim by reasoned / speaking order in the event the respondent dispute any of the claim or reject the claim of the petitioner in this regard, the entire exercise must be completed within time frame of three months as indicated hereinabove.
3. It is made clear that the admitted amounts must be paid to the petitioner within time framed, otherwise the entire arrears will carry interest at the rate of 9 per cent per annum which shall be realized from the pocket of erring officers/
Patna High Court CWJC No.22458 of 2013(2) dt.14-08-2018 3/3 employee of the University. The Vice-Chancellor of the University shall cause an inquiry into the matter for identification and fixing accountability of erring officer in the event of delay in making payment of admitted dues.
4. With the aforesaid the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) T.Kr./- U