Wasi Mohammad Khalifa v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18736 of 2017 ====================================================== Wasi Mohammad Khalifa, son of Late Doma Khalifa, resident of MohallaAbarpul, Ara, Ward No. 26, P.S.- Ara (Town), District- Bhojpur at Ara. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The Director, Department of Higher Education, Government of Bihar, Patna.

4. The Veer Kunwar Singh University, Ara through its Registrar.

5. The Vice- Chancellor, Veer Kunwar Singh University, Ara, DistrictBhojpur, Bihar.

6. The Registrar, Veer Kunwar Singh University, Ara.

7. The Dean of Student Welfare, Veer Kunwar Singh University, Ara.

8. The Secretary, Adhoc Committee, Veer Kunwar Singh College Dharupur, Bikramganj, Rohtas.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. Apurv Harsh, AC to SC- 28 For the University : Mr. Prabhat Kur. Verma, Sr. Advocate Mr. Syed Firoz Raza, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner, State and the University.

The grievance of the petitioner in the present writ application is that the State Government has already allocated fund for payment of salary, but the same has not reached the petitioner, who claims to be the validly appointed as Class-IV employee of the College, in question.

Without going into the controversy whether the

Patna High Court CWJC No.18736 of 2017 (2) dt.31-01-2018 2/2 petitioner was validly and legally appointed as class-IV employee of the college in question, the writ application is disposed of with a direction to the University to enquire into the matter and ensure payment of salary, out of the fund allocated by the State Government, in case, the petitioner's appointment is found legal and valid. Such exercise must be completed within a period of four months from the date of receipt/production of a copy of this order.

It is made clear that this Court has not expressed any opinion on the claim of the petitioner. It shall be the responsibility of the University to examine the legality and validity of such appointment in accordance with law and pass appropriate order for payment of salary out of the fund allocated by the State Government.

(Anil Kumar Upadhyay, J) Uday/- U