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Dr.Lalan Jha v. Kameshwar Singh Darbhanga Sans

Patna HC24 Jul 2012CWJC/19901/2011

Case brief

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What is this about?

In a writ petition filed by a college reader seeking payment of withheld salary, the Patna High Court directed the Vice-Chancellor to personally examine the claim and ensure payment within two weeks, treating the issue as one of statutory right and fundamental rights violation.

What did the court decide?

Directing the Vice-Chancellor to examine the claim and ensure payment of legitimate salary dues within two weeks, with liberty to claim interest if unpaid.

Dr.Lalan Jha Vs Kameshwar Singh Darbhanga Sans — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19901 of 2011

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====================================================== 1. Dr. Lalan Jha S/Olate Jaikant Jha R/O Village- Malkaunia, Police Station- Dhaka, Post Office- Pachpakri, District- East Champaran, At Present Working On The Post Of Reader In The Department Of Jyotish In Dharma Samaj Sanskrit College, Muzaffarpur

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.... .... Petitioner/s Versus

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Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga Through Its Registrar 2. The Vice-Chancellor Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga 3. The Registrar Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga

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The Principal, Dharma Samaj Sanskrit College, Muzaffarpur

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The Principal, L.N.R. Sanskrit College, Jaideopatti, Distt.- Darbhanga

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha For the Respondent/s : Mr. Satyam Shivam Sundaram

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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6 24-07-2012 Heard learned counsel for the petitioner and the respondent University. No further affidavit has been filed on behalf of the University pursuant to the order dated 26.6.2012.

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The petitioner is stated to be a Reader in the Dharma Samaj Sanskrit College at Muzaffarpur affiliated to the consequent unit of Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga. He seeks the relief for payment of salary from September, 2009 till date.

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Claim for salary raise a purely administrative

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Patna High Court CWJC No.19901 of 2011 (6) dt.24-07-2012

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issue. It being a statutory right cannot be withheld by any except as may be provided for in the Service Rules. Non payment of salary without justification in the law raises issues for violation of fundamental rights under Article 21 and 23 of the Constitution. A person takes up employment to earn a salary both for himself and to look after his family. It is unfortunate that judicial directions are required for discharge of administrative duties with regard to payment of salary. The petitioner is not a Class-IV employee but holds the post of Reader in a college which is a constituent unit of the University. If he has to spend time walking the corridors of the Court to recover salary withheld without justification, it is not difficult to appreciate that education shall be a casualty in the college, but which appears to be of no concern either to the college or the University.

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The Court is disturbed enough to direct that the Vice Chancellor of the University shall himself examine the claims of the petitioner and whether it relates to payment by the University or payment by the college from the funds released by the University, in both events the Vice Chancellor shall ensure that the legitimate dues of the petitioner in accordance with law are paid to him within a maximum period of two weeks from the date of receipt/production of a copy of this order, failing which the petitioner shall be at liberty to claim interest upon the same,

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Patna High Court CWJC No.19901 of 2011 (6) dt.24-07-2012

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the liability for which shall necessarily have to be individual and not institutional.

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The writ application stands disposed.

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P. Kumar/- (Navin Sinha, J)

Dr.Lalan Jha v. Kameshwar Singh Darbhanga Sans

Case brief

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Dr.Lalan Jha v. Kameshwar Singh Darbhanga Sans

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