Prof. Subhash Chandra Yadav v. The B. N. Mandal University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.670 of 2020 ====================================================== Prof. Subhash Chandra Yadav Son of Late Soukhilal Yadav, Resident of 16/49, Professors Colony, Saharsa, P.S.-Saharsa, District-Saharsa. ... ... Petitioner

Versus

1.

The B. N. Mandal University Laloo Nagar, Madhepura through its Registrar. 2.

The Vice Chancellor, B. N. Mandal University, Laloo Nagar, Madhepura. 3.

The Registrar, B. N. Mandal University, Laloo Nagar, Madhepura. 4.

The Pro-Vice Chancellor-cum-Convenor of Claim Cell, B. N. Mandal University, Laloo Nagar, Madhepura.

5.

The Finance Officer, B. N. Mandal University, Laloo Nagar, Madhepura. 6.

The Head of the Department of Post Graduate Hindi, West Campus P.G. Centre, Saharsa.

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

For the Petitioners :

Mr. Abhay Shankar Jha, Mr. Sanjay Kumar Jha Mr. Hrishikesh, Advocates For the Respondents :

Mr. Ritesh Kumar Mr. Nirbhay Kr Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 17-02-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is the second attempt on behalf of the petitioner. Earlier writ application was disposed of by this Court vide order dated 09.05.2016 passed in CWJC No. 16360 of 2014 with a direction to the University to consider the claim of the petitioner and after hearing the parties, ensure payment of admissible dues.

Patna High Court CWJC No.670 of 2020 dt.17-02-2020 2/3 In contempt, show cause was filed on behalf of the University stating that the entire admissible dues of the petitioner was paid and on the basis of the show cause, the contempt proceeding was dropped and the petitioner was granted liberty to approach the competent authority for redressal of remaining grievances of the petitioner but the grievance remained unredressed.

Learned counsel for the petitioner draws attention to Annexure-3 which is quoted hereinbelow:- "My total salary demand as per college was of Rs.14,80,799 (Fourteen lakhs eighty thousand seven hundred ninety nine.) It was corrected by the University and it came to Rs. 13,09,160 (Thirteen lakhs nine thousand one hundred sixty) only.

Out of corrected demand I have been paid Rs. 6,99,496 (Six lakhs ninety nine thousand four hundred ninety six) only.

Please pay the rest amount Rs. 06,09,664 (Six lakhs nine thousand six hundred sixty four) only."

The grievance of the petitioner, as evident from Annexure-3, relates to payment of Rs. 6,09,664-/-. The basis of the claim of the petitioner is that as per the calculation made by the College, it came to Rs.14,80,799/-. As per entitlement of the petitioner, it was modified by the University as the amount of Rs. 13,09,160/-.

If this is the position, respondent-University is directed

Patna High Court CWJC No.670 of 2020 dt.17-02-2020 3/3 to pay the amount of Rs. 6,09,664/- at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this judgment, otherwise the University is required to furnish details of calculation chart of the claim as calculated by the University after entitlement of the petitioner as calculated by the College. The entire exercise in this regard must be completed by the respondent-University within a maximum period of 60 days from the date of receipt/production of a copy of this judgment.

With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18 .02.2020 Transmission Date N.A.