Maheshwar Prasad Jaiswal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3546 of 2018 Arising out of Miscellaneous Jurisdiction Case No. 2820 of 2015 ====================================================== Maheshwar Prasad Jaiswal, Son of Late Jadav Prasad Jaiswal, Resident of Amola Tola Katihar, Retired as Reader in the subject of Mathematics D.S. College, Katihar, a Constituent unit of B.N. Mandal University, Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sri R.K. Mahajan, the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

3.

Sri Awadh Kishore Ray, Presently posted as Vice-Chancellor, B.N. Mandal University, Laloo Nagar Madhepura.

4.

Dr. Narendra Shrivastava, Presently posted as Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

5.

Sri Navin Kumar, Presently posted as Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura.

6.

Sri Pawan Kumar Jha, presently posted as Principal, D.S. College Katihar, B.N. Mandal University, Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the State :

Mr. R. V. P. Sinhg, AC to GA 12 For the University :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-08-2019 Heard learned counsel for the petitioner; learned AC to GA 12 for the State and learned counsel for the B N Mandal University (hereinafter referred to as the 'University').

2. Show cause has been filed on behalf of the opposite parties no. 3 to 5, in which at paragraphs no. 4 and 5, it has been

Patna High Court MJC No.3546 of 2018 dt.05-08-2019 2/3 stated that payments have been made to the petitioner in terms of order dated 17.02.2017 passed in MJC No. 2820 of 2015.

3. Learned counsel for the University drew the attention of the Court to the statement made in paragraph no. 6 of the show cause in which it has been stated that if the petitioner is still not satisfied, he can raise his grievance before the University authorities. Learned counsel fairly submitted that the calculation charts have not been brought on record but the same shall be handed over to the petitioner within two weeks from today upon him approaching the Registrar of the University on any working day.

4. Having regard to the aforesaid, the Court finds that the order dated 17.02.2017 passed in MJC No. 2820 of 2015, has been complied with.

5. Accordingly, the application stands disposed off.

6. The University shall ensure service of detailed calculation chart head wise to the petitioner within two weeks on him appearing before the Registrar on any working day or it shall be so done by learned counsel for the University who shall hand it to the learned counsel for the petitioner within the same period. Further, as per the stand taken in the show cause itself, if the petitioner is still not satisfied with the payments made, he shall be

Patna High Court MJC No.3546 of 2018 dt.05-08-2019 3/3 at liberty to file a detailed representation before the Registrar of the University within four weeks from today enclosing all supporting materials/calculation on which his claim rests. If the same is done, the Registrar shall get the matter enquired into and verified from the records and pass a reasoned order within four weeks from the filing of the representation. If anything further is found due and payable to the petitioner, the same shall also be paid to him within the next three weeks.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T