Petitioner claimed arrears of salary and allowances. Counsel for State and University undertook to pay dues within two months. Court disposed of the writ petition on their undertaking.
Petitioner to receive payment of arrears within two months from State/University.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7204 of 2015
=========================================================== Dr. Kailash Sahu S/o late Ram Bahadur Sahu resident of Panjabi Colony Gali No. 1, P.S Samastipur, District Samastipur, Presently posted as University Professor and Head of Department of Chemistry B.R.B. college , Samastipur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
| ================== Appearance : |
====== | =================================== |
|---|---|---|
| For the Petitioner/s | : |
Mr. Shashi Bhushan Singh, Advocate |
| For the LNMU | : | Mrs. Binita Singh, Advocate |
| For the State | : | Mr. Ajay Bihari Sinha, SC 19 |
===========================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 24-08-2018
Heard learned counsel for the petitioner; State and L.
N. Mithila University (hereinafter referred to as the ‘University’).
“(I) For issuance of an appropriate writ of Mandamus commanding and directing the
Patna High Court CWJC No.7204 of 2015 dt.24-08-2018
2/3
respondent to make payment the difference of arrear of salary of Reader to University Professor on account of promotion to the post of University Professor w.e.f. 02.11.98, for the period of 02.11.1998 to 31.12.2005 and difference of arrear of salary in revised scale w.e.f. 01.01.2006 to 31 May 2011 including D.A. H.R.A. and Medical allowance which has not been paid to the petitioner.
(ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.”
to D.A. and H.R.A. By various orders and also the State officials appearing before the Court, finally, the position which emerges, is that there is a categorical stand on behalf of the State that other Universities have been paying such dues to the employees and only L. N. Mithila University has raised this bogey and, thus, the onus is
on the University to pay the amount to its employees without any State involvement. Learned counsel for the State submitted that they have been releasing sufficient funds to make payment and for which no separate fund especially earmarked for these two heads is required. It has further been clarified that the University paying it to
Patna High Court CWJC No.7204 of 2015 dt.24-08-2018
3/3
its employees shall not be taken adversely by the State. In view of the stand taken before the court today by learned counsel for the State, it is not deemed necessary to keep the writ petition pending.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR U
1 issue framed by the court
Whether the State or the University is liable to pay arrears of salary and allowances to the petitioner.
Dr. Kailash Sahu
The State of Bihar
The Principal Secretary, Education Department, Govt. of Bihar
The Vice-Chancellor, L.N. Mithila University
The Registrar, Lalit Narayan Mithila University
The Principal B.R.B. College Samastipur
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
