Shyam Kishore Sharma v. The Magadh University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2497 of 2018 In Civil Writ Jurisdiction Case No.8882 of 2014 ====================================================== 1.

Shyam Kishore Sharma Son of Late Nonu Singh, Associate Professor, Department of Political Science, S.S. College, Jehanabad. 2.

Dr. Shyam Kant Sharma, Son of late Pashupati Singh, Associate Professor, Department of Philosphy, S.S. College, Jehanabad. 3.

Dr. Vijay Kumar, Son of late Ramayan Prasad Singh, Associate Professor (Reader), 223 Department of Chemistry, S.S. College, Jehanabad. ... ... Petitioner/s

Versus

1.

The Magadh University, Gaya, Through Its Registrar, Namely Mr. Sushil Kumar Singh.

2.

The Vice-Chancellor, Magadh University, Gaya, Namely Md. Istiak Ahmad. 3.

The Registrar, Magadh University, Gaya, Mr. Sushil Kumar Singh. 4.

Mr. Devesh Prasad Sinha, The Finance Officer, Magadh University, Gaya. 5.

The State of Bihar, through the Principal Secretary, Education Department, Govt. of Bihar, Patna Namely Mr. R.K. Mahajan, I.A.S. 6.

The Director, Higher Education Department, Govt. of Bihar, Patna, Namely Mr. Sushil Kumar.

7.

The Pay-Verification Cell, Education Department, Govt. of Bihar, Patna, through its Authorised Officer, Namely Mr. Anil Kumar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the Opposite Party/s :

Mr. Prabhat Ranjan Singh, AC to AAG-13 For the Magadh University :

Mr. Md. Faiz Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2024 Heard Mr. Purushottam Kumar Jha, learned Counsel for the petitioners, Md. Faiz Ahmad, learned Counsel representing the Magadh University and Mr. Prabhat Ranjan Singh, learned A.C. to A.A.G.-13 representing the State.

2. On 15.02.2024, this Court had directed the opposite

Patna High Court MJC No.2497 of 2018(12) dt.13-03-2024 2/3 party to file affidavit on the point whether the order stands complied or not.

3. Today on call, learned Counsel appearing on behalf of the Magadh University submits that the same could not be filed though statement of fact has been received. As per the information, so far as the petitioner no. 1 is concerned, complete payment has been made and regarding petitioner no. 2 and 3, 75% payment have been made.

4. Mr. Jha, learned Counsel appearing on behalf of the petitioner submits that though the fund was made available by the State Government vide memo no. 91 dated 05.11.2019 issued by the Deputy Secretary, Education Department, Bihar, Patna itself, the University is sitting over the matter.

5. Instead of keeping the case pending, the Court directs the opposite party no. 3, the Registrar, Magadh University, Gaya to take immediate steps and clear the 25 per cent amount of the two petitioners (petitioner nos. 2 and 3) within a period of four weeks from today.

6. It is made clear that the order has been passed in the presence of the learned Counsel appearing on behalf of the Magadh University.

7. In case, the payment is not made within a period of

Patna High Court MJC No.2497 of 2018(12) dt.13-03-2024 3/3 four weeks, the amount due has to be paid alongwith an interest of 6 per cent after four weeks till the actual payment is made.

8. M.J.C. No. 2497 of 2018 stands disposed of with the aforesaid observations.

(Rajiv Roy, J) Neha/- U