Shailendra Kumar Pratihasta, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24961 of 2019 ====================================================== Shailendra Kumar Pratihasta, Aged about 69 years, Male, Son of Late Ambika Pratihasta, resident of Mohalla- Mukri Tola Ward No. 11, P.S.- Jai Nagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Higher Education, Government of Bihar, Patna.

2.

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

3.

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

4.

The Principal, D.B. College, Jai Nagar, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Jha, Advocate For the State :

Mr. Subash Chandra Mishra, S.C.16 For the University :

Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2019 Heard both sides.

The petitioner filed this writ petition for the following reliefs:

(I) For payment of arrears of salary from 1985 to 2005-06, different of arrears of salary from 1996 to 2005-06 in the pay scale of Rs.14,940/- as well as difference of Dearness Allowance and House Rent allowance from 01.01.2006 to 31.03.2010.

(II) for payment of deferred Dearness Allowance along with the interest.

Patna High Court CWJC No.24961 of 2019(2) dt.12-12-2019 2/3 (III) For calculation of interest @ 12.5% over Group Insurance payable to the petitioner as has been granted to similarly situated persons by the University. (IV) For any other relief/reliefs for which the petitioner is deemed to be entitled in the eye of law. Learned counsel for the petitioner submits that the petitioner retired from his service on 31.08.2015. The petitioner was appointed on 30.08.1979 as Lecturer in the Department of Political Science in B.S.S. College, Supaul. The service of the petitioner was absorbed with effect from 01.01.1981. On 28.06.1984, the petitioner was transferred to D.B. College, Jay Nagar. The petitioner was promoted to the post of Reader with effect from 01.01.

1991 but difference of scale with other allowance have not been paid to the petitioner. The petitioner filed representation before the Vice-Chancellor of Lalit Narayan Mithila University on 16.09.2018 and before the Registrar, Lalit Narayan Mithila University on 06.10.2018 but the representations of the petitioner have not been disposed of as yet.

Having considered the facts, I dispose of this writ petition with a direction to the respondent, the Registrar, to hear the petitioner on the representation filed by him and dispose of

Patna High Court CWJC No.24961 of 2019(2) dt.12-12-2019 3/3 the same within four months from the date of receipt of this order with a reasoned order and if the petitioner is entitled for payment of arrears of salary and other emoluments, the same should be paid within two months thereafter.

With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U