Disposed

Prof. Narendra Nath Jha v. The State of Bihar

Patna HC26 Aug 2019CWJC/17312/2019

Case brief

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What is this about?

The court disposed of a writ petition seeking payment of arrears in dearness allowance and house rent due to UGC pay revision. The judge directed the University and State to calculate entitlement and ensure payment of the difference for Jan 2006 to Mar 2010 within three months.

What did the court decide?

Direction to University and State to calculate petitioner's entitlement and ensure payment of difference in allowances for Jan 2006 to Mar 2010 within three months.

Prof. Narendra Nath Jha Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17312 of 2019

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Prof. Narendra Nath Jha S/o Late Shankar Jha Resident of Village Bhitha, P.S. Sursand, Dist.Sitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Education Department, Govt. of Bihar,Patna

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The Vice Chanceloor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

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The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

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The Principal, Kalidas Vidyapati Science College, Uchhaith, Bennipatti, Dist.Madhubani

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Ms. Binita Singh, S.C. 28 For L.N.M.U. : Mr. Md. Nadim Seraj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 26-08-2019 Grievance of the petitioner in the present writ application is non-payment of difference of dearness allowance, house rend for the period of January, 2006 to March, 2010.

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The pay scale of the petitioner was revised on account

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of UGC pay package. Notwithstanding the UGC pay scale was adopted in the State of Bihar, payment was not made on the basis of revised pay scale but on the basis of unrevised pay scale and as such the petitioner has to approach this Court for a direction to the respondent to make payment of the difference of allowances which was admissible in terms of 2006 pay revision.

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Patna High Court CWJC No.17312 of 2019(2) dt.26-08-2019 2/2

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Without going to the controversy of the calculation, the writ petition is disposed of with a direction to the Univesity as well as State to work out entitlement of the petitioner for grant of difference of arrears for the period of January, 2006 to March, 2010 and ensure payment thereof within a period of three months from the date of receipt/production of a copy of this order.

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The University is expected to first determine the entitlement of the petitioner for payment of the arrears and thereafter, raise demand from the State Government for allotment if the available funds are not adequate to pay the arrears and the State Government is under obligation to provide additional fund to the University so that the University may clear the dues of the petitioner in terms of UGC pay revision.

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Necessary decision in this regard may be taken by the respondents within the time indicated hereinabove.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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uma/-

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Prof. Narendra Nath Jha v. The State of Bihar

Case brief

What is this about?

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Prof. Narendra Nath Jha v. The State of Bihar

Case brief

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What did the court decide?

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