That was an under Art. 226 petition seeking directions to pay arrears of salary. The Court disposed of the petition after respondents undertook to make payment within two months.
Respondents undertook to pay arrears of salary to the petitioner within two months from the date of the order.
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.9488 of 2015
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Dr. ( Prof. ) Ramesh Jha S/o late Pt Krishna Jha resident of 4D, Adarsh Nagar, p.s Samastipur , District Samastipur, Presently posted as University Professor in the subject of Sanskrit , B.R.B. College, Samastipur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : For the Respondent/s :
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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’).
following reliefs:
“(I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent to make payment the difference of arrear of salary for the period 30.01.96 to 31.12.2005 on account of promotion to the post of Reader to University
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Professor in view of revised UGC scale effective from 1.1.1996 and difference of arrears of salary for the period of 01.01.2006 till December 2014 on account of promotion and revision of pay scale effective from 01.01.2006 including admissible D.A. H.R.A. and Medical allowance on revised pay point at relevant time 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
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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 University or the State is liable to pay arrears of salary to the petitioner.
Dr. (Prof.) Ramesh Jha
State of Bihar
Principal Secretary, Education Department, Govt. of Bihar
Vice-Chancellor, Lalit Narayan Mithila University
Registrar, Lalit Narayan Mithila University
Finance Officer, Lalit Narayan Mithila University
Ahanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
