Balbir Kumar v. The B. N. Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7172 of 2018 ====================================================== Balbir Kumar, Son of Late Janardan Prasad Mandal, resident of Ras Bihari School Road, Ward No. 18, South of S.K. Hotel, P.S. & District- Madhepura. ... ... Petitioner/s

Versus

1. The B. N. Mandal University Laloo Nagar Madhepura through its Registrar.

2. The Vice Chancellor, B. N. Mandal University Laloo Nagar Madhepura.

3. The Registrar, B. N. Mandal University Laloo Nagar Madhepura.

4. The Financial Advisor, B. N. Mandal University Laloo Nagar Madhepura.

5. The Finance officer, B. N. Mandal University Laloo Nagar Madhepura.

6. The Pension Officer, B. N. Mandal University Laloo Nagar Madhepura.

7. State of Bihar through the Chief Secretary Government of Bihar, Patna.

8. Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

9. Director Higher Education Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra For the Respondent/s :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of State.

The petitioner has filed the present writ application for direction to the respondents for payment of unpaid arrears of difference of salary.

With the consent of the parties, the writ petition is disposed of at this stage with a direction to respondents to examine the claim of the petitioner and on verification of the record if it is found that others have been paid the difference of arrears of salary, the respondents university will work out the

Patna High Court CWJC No.7172 of 2018(2) dt.26-04-2018 2/2 entitlement of payment of unpaid arrears of salary to this petitioner also after proper verification of record of the petitioner. Entire exercise in this regard may be completed by the authorities of the University within a maximum period of 60 days on the date of receipt/production of a copy of this order. In the event University is facing financial constraint in making payment of dues of the petitioner, University may raise demand for allocation of additional fund from the State Government by enclosing the utilization certificate of the fund allocated to the University in the past.

In case the State Government is requested by the University for providing additional fund enclosing the utilization certificate the State Government will consider the desirability of allocation of additional fund so that the petitioner and alike may be paid the arrears. Final decision on allocation may be taken by the State Government within a period of 30 days from the date of raising demand by the University enclosing the utilization certificate. The writ petition accordingly disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U