Dr. Ishwar Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21409 of 2019 ====================================================== Dr. Ishwar Chand, S/o Late Gauri Sao, Resident of Kali Bari, S.D.O. Road, P.S. and District- Khagaria presently working as Associate Professor Department of Philosophy, presently Koshi College, Khagaria, under Tilka Manjhi Bhagalpur University, Bhagalpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
2.
Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
3.
The Vice- Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4.
The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.
The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 6.
The Principal, Koshi College, Khagaria.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh For the Respondent/s :
Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 25-11-2019 Heard learned counsel for the parties.
2. Consequent upon promotion of the petitioner from the post of Lecturer to the post of Senior Scale Lecturer under the provisions of the statutes of Career Advancement Scheme of the University by Notification No.43 of 2014 with effect from 07.11.2000 (Annexure-I) and subsequent promotion to the post of Reader w.e.f. 07.11.2005 by Notification No.214 of 2017 (Annexure-2) issued by the University, it is the petitioner's case, that he is entitled to corresponding scales with effect from the said
Patna High Court CWJC No.21409 of 2019 dt.25-11-2019 2/3 dates, and arrears of salary arising thereof, accordingly. The petitioner has done his own calculation in respect of the arrears of salary. The Court for the present is not going into the calculation of arrears payable to him, at this stage.
3. This application is disposed of with a direction that let the admitted dues of the petitioner be calculated by the Finance Officer of the University within six weeks from the date of receipt/production of a copy of this order. Once the admitted dues are calculated by the Finance Officer, the Vice Chancellor of the University shall ensure that the said amount is paid within three months thereafter.
4. It is indicated that if any requirement of fund from the State Government for payment arises, the University shall be at liberty to make request in this regard to the State Government. The State Government shall be obliged to release necessary fund, if not already released.
5. The petitioner shall be at liberty to file a fresh representation in respect of his claim for payment of arrears of DA, HRA and Medical Allowance on the basis of revision effective from 01.01.2006. The same shall be considered and admitted dues shall be paid to the petitioner within the aforesaid period.
Patna High Court CWJC No.21409 of 2019 dt.25-11-2019 3/3
6. With the aforesaid observation, this writ application is, accordingly, disposed of.
7. It is made clear that the petitioner shall be at liberty to question the correctness of quantification of the amount of arrears of salary in appropriate forum, in accordance with law. (Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 28/11/2019 Transmission Date NAFR