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Patna High CourtCWJC/23525/2019disposed

Basanta v. The State Of Bihar

2019-11-28Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23525 of 2019 ====================================================== Basanta Son of Late Mahadeo, Resident of Village-Pali, P.S. Mariyahu Pali, District-Jaunpur (U.P.) at Present at Sardar Ballav Bhai Patel College, Bhabhua, District-Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department (Higher Education), Government of Bihar, Patna-1. 2.

The Principal Secretary, Human Resources Department (Higher Education), Government of Bihar, Patna.

3.

The Vice Chancellor, Veer Kunwar Singh University, Ara. 4.

The Director, Higher Education, Education Department, Govt. of Bihar, Patna-1.

5.

The Registrar, Veer Kunwar Singh University, Ara. 6.

The Finance Officer, Veer Kunwar Singh University, Ara. 7.

The Principal, Shershah College, Sasaram, District-Rohtas. 8.

The Principal, Sardar Ballav Bhai Patel College, Bhabhua, District-Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rang Nath Pandey, Adv.

For the Respondent/s :

Mr.Narendra Kumar, AC to GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2019 Heard both sides.

2. The petitioner filed this writ petition seeking following reliefs:- (i) For issuance of an appropriate writ/order/direction commanding the respondents to pay the arrears of salary from December, 1986 to February, 2002 calculated amount by the university amounting to Rs.5,23,753/- along with 12% interest per annum with effect from the due date of payment to till the date of payment for delayed payment of such arrears. (ii)For issuance of an appropriate writ/order/direction to which the petitioner is entitled, in accordance with

Patna High Court CWJC No.23525 of 2019(2) dt.28-11-2019 2/3 law.

3. Learned counsel for the petitioner submits that the petitioner has already filed representations before the ViceChancellor, V.K.S. University, Ara and the Registrar, V.K.S. University, Ara on different dates. It is further submitted that similarly situated Sita Raman Padey, who earlier filed CWJC No.11090 of 2010 and a Bench of this court by order dated 27.10.2010 directed the respondents (University and its authorities) to pass order in accordance with law.

4. Learned counsel for the V.K.S. University, Ara submits that a direction be also issued to the Registrar, V.K.S. University, Ara to dispose of the representation of the petitioner in accordance with law within four months and if the petitioner is not satisfied with the calculation made by the Registrar, the petitioner may move before the appropriate authority within one month thereafter.

5. Having considered the submissions of both sides, I dispose of this writ petition with a direction to the Registrar, V.K.S. University, Ara to consider the representation of the petitioner within three months and pass a reasoned order in accordance with law. If the claim of the petitioner is admitted, the authority shall make payment to the petitioner within three

Patna High Court CWJC No.23525 of 2019(2) dt.28-11-2019 3/3 months thereafter.

6. With the aforesaid observation/direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U