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Patna High CourtCWJC/1187/2023disposed

Dinesh Ojha v. The State Of Bihar Through Principal Secretary,

2025-03-17Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1187 of 2023 ====================================================== Dinesh Ojha S/O- Late. Sukhdev Ojha, Resident of - S.N. Mehta Colony, Malighat, P.S.-Mithanpura, Dist- Muzaffarpur, Bihar-842001. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, New Secretariat, Vikash Bhawan, Patna-800015. 2.

The Director, Higher Education, Government of Bihar, New Secretariat, Vikash Bhawan, Patna-800015.

3.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar Darbhanga.

4.

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

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

For the Petitioner/s :

Mr. Kundan Kumar Ojha, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra (Sc16) Mr. Madhukar Mishra, AC to SC- 16 For the University :

Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 17-03-2025 Heard learned counsel for the parties.

2. The petitioner who retired on 31.01.2023 as Associate Professor (Falit Jyotish) from Baijnath Pandey Arya Sanskrit College, Siwan has filed this writ petition for payment of Rs. 11,61,832/- being the salary for the month of March to May, 2022 and November, 2022 which also includes Rs. 10,100/- per month, deducted for the months of December, 2021 and January, 2022 by the respondent authorities.

Patna High Court CWJC No.1187 of 2023 dt.17-03-2025 2/3

3. The respondent-University has filed a counter affidavit, wherein, in paragraph No. 7 it has been stated as under:- "7. That it is further relevant to submit here that as per calculation of Accounts Section total amount of Rs. 14,05,402/- is payable to the petitioner. Which will be paid to the petitioner after deducting applicable income tax."

4. From perusal of the counter affidavit filed by the respondent-University, it appears that though the claim of the petitioner is for a sum of Rs. 11,61,832/- being the salary for the month of March to May, 2022 and November, 2022 including Rs. 10,100/- each deducted for the months of December, 2021 and January, 2022. The respondent-University has stated that as per calculation of Accounts Section total amount of Rs. 14,05,402/- is payable to the petitioner, which will be paid to the petitioner after deducting applicable income tax.

5. Since, the respondent-University has admitted that a sum of Rs. 14,05,402/- is payable to the petitioner which the respondent-University states that it shall be paid to the petitioner after deducting the applicable income tax, this writ petition is hereby disposed of with a direction to the respondent-

Patna High Court CWJC No.1187 of 2023 dt.17-03-2025 3/3 University/respondents Nos. 3 & 4 to pay to the petitioner the amount payable to the petitioner as stated in paragraph No. 7 of the counter affidavit filed by the University which has been extracted hereinabove, within a period of one month from the date of receipt of certified copy of the order.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.03.2025 Transmission Date NA