Chitranjan Singh v. Veer Kuwar Singh University, Ara Through Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9389 of 2018 ====================================================== Chitranjan Singh, son of late Nathuni Prasad Singh, Village + PO Dhangain, P.S. Bikramganj, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1. Veer Kuwar Singh University, Ara Through Registrar

2. The Vice-Chancellor, Veer Kuwar Singh University, Ara

3. The Registrar, Veer Kuwar Singh University, Ara

4. the Finance officer, Veer Kuwar singh University, Ara

5. The Principal Shershah College, Sasaram, District- Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the University :

Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The grievance of the petitioner in the present writ application is that the petitioner is regularly working but due to arbitrary action of the Principal of the college the petitioner has not been paid salary since October, 2017 to February, 2018. Taking work and denying salary is Begari and impermissible in view of the provisions of Articles 21 and 23 of the Constitution.

In view of the Constitutional schemes, the respondents are obliged to make payment of salary for the period the petitioner has rendered service as there is no lis as to the legality and validity of the appointment as the petitioner was

Patna High Court CWJC No.9389 of 2018(2) dt.16-05-2018 2/2 absorbed in the University service pursuant to the recommendation of the Agrawal Commission and as such the petitioner, once absorbed in the University service, is entitled to payment of salary for the period in question. In the aforesaid circumstances, the writ petition is disposed of with a direction to the Registrar of the University to see that the petitioner is paid salary for the period he has actually worked in the college. The entire exercise must be completed by the respondent-Registrar of the University within a maximum period of 30 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U