Petitioner sought arrears of pay. Court held factual enquiry difficult in writ and directed Registrar to grant personal hearing with Auditor and pass reasoned order within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.12299 of 2012 (2) dt.19-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12299 of 2012
====================================================== 1. Jagannath Prasad Sinha Son Of Late Nand Prasad Singh Resident Of MohallaSubhash Nagar, Road No. 3, P.O. Bhawanipur Chowk, P.S. Muzaffarpur Sadar, District- Muzaffarpur
.... .... Petitioner/s Versus 1. Bhim Rao Ambedkar, Bihar University, Muzaffarpur Through The Vice Chancellor 2. The Vice Chancellor, Bhim Rao Ambedkar, Bihar University, Muzaffarpur 3. The Registrar, Bhim Rao Ambedkar, Bihar University, Muzaffarpur 4. The Finance Officer, Bhim Rao Ambedkar, Bihar University, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar -Man For the Respondent/s : Mr. Brajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2 19-07-2012 Heard learned counsel for the petitioner and the
State.
The petitioner is aggrieved by order dated 28.04.2010 and communicated to the petitioner on 18.05.2010 passed by the Vice Chancellor rejecting his representation with regard to the claim for arrears made by him.
Learned counsel for the petitioner submits that the petitioner has superannuated on 31.01.2003 last holding the post of Professor. It is submitted that when the petitioner claimed for difference of the UGC pay scale the respondents have started to raise different kinds of objections with regard to his entitlement. The date of appointment of the petitioner in the College is not being considered appropriately by the respondents and because of
Patna High Court CWJC No.12299 of 2012 (2) dt.19-07-2012
which his arrears are not being computed as per the entitlement including as entitled from his promotion orders. The respondents have passed no reasoned orders based on his claims as set out in the representations.
The order dated 28.04.2010 sets out the calculations under different heads only. The petitioner alleges certain entitlements have not been taken into consideration. This factual enquiry appears to be not possible in the writ jurisdiction.
The Court therefore considers it proper to direct that the Registrar of the University shall grant a personal hearing to the petitioner in presence of the Auditor of the University. The objections that the petitioner may take must be taken note of by the Registrar in his order and then disposed by a reasoned and speaking order why the perceived grievance of the petitioner with regard to his entitlement was misconceived in the opinion of the University.
Let such order be complied with within a maximum period of four months from the date of receipt and/or production of a copy of this order.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-
3 issues framed by the court
Whether factual enquiry regarding computation of arrears and entitlements can be conducted in writ jurisdiction.
Whether a personal hearing to the petitioner in presence of the Auditor is to be directed.
What is the method and duration for the final determination of arrears claims.
Jagannath Prasad Sinha
Bhim Rao Ambedkar, Bihar University, Muzaffarpur Through The Vice Chancellor
The Vice Chancellor, Bhim Rao Ambedkar, Bihar University, Muzaffarpur
The Registrar, Bhim Rao Ambedkar, Bihar University, Muzaffarpur
The Finance Officer, Bhim Rao Ambedkar, Bihar University, Muzaffarpur
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
