Dr. Mushtaque Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9783 of 2018 ====================================================== Dr. Mushtaque Ahmad, Son of Late Adbul Hakim Resident of MohallaRahamganj, Police Station- Laheria Sarai, District. Darbhanga- 846004. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

3.

Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4.

Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 5.

Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Gyanand Roy, Advocate For the State :

Mr. Prabhakar Jha -GP 27 For the University :

Dr. Anshuman, Mr. Sanjay Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. From Annexures-P/7 and P/8, it appears that the petitioner has represented before the Vice-Chancellor, L.N.M. University for payment of U.G.C. scale of pay of the period May,1998 to December, 2005 at the old rate and for the period January, 2006 till date at the new rate. The pay verification cell of the Government of Bihar in the Education Department has verified the entitlement of the petitioner yet the petitioner has not been paid the benefit as fixed by the pay verification cell.

Patna High Court CWJC No.9783 of 2018(2) dt.26-02-2020 2/2 The representation of the petitioner in this regard contained in Annexures-P/7 and P/8 are pending since 17.02.2018 and 12.04.2018 respectively.

Under the aforesaid circumstances, the ViceChancellor is directed to take final decision on the representation contained in Annexures-P/7 and P/8 within a period of sixty days from the date of receipt/production of a copy of this order. The Vice-Chancellor is also required to fix accountability on the erring officers for delay in payment of monetary benefit arising out of the pay fixation by verification cell of the State Government. The monetary benefit admissible to the petitioner must be paid within a maximum period of sixty days from the date of receipt/production of a copy of this order. In the event of delay in making the payment, the University shall fix accountability on the erring officers and pay interest @ 9 per cent per annum from the date of accrual to the date of actual payment and realize the interest payable to the petitioner from the erring officers responsible for delay. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U