Petitioner seeking payment of salary denied due to government order. Court directed authorities to pay legitimate dues within two months if ban withdrawn.
Payment of legitimate salary dues to be made within two months from the date of receipt of this order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13671 of 2012
====================================================== 1. Anil Kumar Jha S/O Sri Tirth Narayan Jha Resident Of Village- Manikpur, P.S- Tarapur, District- Munger. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Dept. Of Education, Govt. Of Bihar, Patna. 2. The Principal Secretary, Dept. Of Education, Govt. Of Bihar, Patna. 3. The Director, Higher Education, Govt. Of Bihar, Patna. 4. The Registrar, Kameshwar Singh Darbhanga Sanskrit Mahavidyalay, Darbhanga. 5. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit Mahavidyalaya, Darbhanga. 6. The Principal In Charge, Hathuaraj, Gyanoday Sanskrit Mahavidyalay, Mandiri, Patna. 7. The Secretary, Governing Body, Hathuaraj, Gyanoday Sanskrit Mahavidyalay, Mandiri, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Sinha For the Respondent/s : Mr. Rajesh Kr.Verma SC-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 13-08-2012 Heard learned counsel for the petitioner and the respondent University. It is submitted that Advertisement was published on 8.5.2010 by respondent nos. 6 and 7 inviting applications for the post of Lecturer. The petitioner after consideration came to be appointed on 20.6.2010 and joined on 21.6.2010. Salary was sought to be denied
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pursuant to a letter dated 29.6.2010 issued by the State Government restraining further appointments. The University issued a consequential order on 7.6.2012 that salary shall be paid after receipt of further instructions.
Learned counsel for petitioner submits that there was no ban on the date of the advertisement, selection and joining. Any subsequent direction/prohibition on appointments cannot prejudice his case. Subsequently, on 27.2.2012 by letter No. 478 the State Government has withdrawn the ban on release from grants for payment. The Registrar of the University has addressed communication to Respondents 6 and 7 on 30.3.2012, bearing No. 6062 that the ban by order dated 26.9.2010 has been recalled. There can be no justification for non payment of salary now.
Counsel for the University submits that payment of salary was stopped by letter dated 7.6.2012 in view of the directions of the State Government dated 29.6.2010.
If what the petitioner contends be correct, the recitals in the order of the University dated 30.3.2012 bearing No. 6062 are explicit in its content and it is for the University to ensure compliance of its own directions by respondent nos. 6 and 7 in accordance with law.
Needless to state that if the ban placed by
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the State Government has been withdrawn, matters for release of grants are also required to be considered by it to implement the conjoint directions of the State Government and the University.
The legitimate dues be paid in accordance with law within a maximum period of two months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar/-
(Navin Sinha, J)
Anil Kumar Jha
State Of Bihar Through The Principal Secretary, Dept. Of Education
Principal Secretary, Dept. Of Education
Director, Higher Education
Registrar, Kameshwar Singh Darbhanga Sanskrit Mahavidyalay
Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit Mahavidyalaya
Navin Sinha
As recorded by the court registry
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