The petitioner claimed non-payment of salary following a reinstatement order. The Court held the dispute falls under the Bihar Grants-in-Aid Educational Institutions Authority Rules, 2015. It noted a substantive judgment without deciding the petition.
Disposed of with liberty to approach the appropriate Tribunal within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5445 of 2020
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Dr. Gajendra Prasad Singh, Male, aged about 65 years, son of Late Deep Narayan Singh resident of Village and P.O.- Mukrera, P.S.- Revilganj, District- Chapra (Saran) Pin Code- 841301.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhinav Srivastava, Adv. For the J.P. University : Mr. Nagendra Kr. Singh, Adv. For the Resp. 5 to 8 : Mr. Krishna Kumar, Adv. For the State : Mr. Ashutosh Ranjan Pandey, AAG-15 Mr. AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
Heard learned counsel for the petitioner and counsel
for the State.
In this case, the petitioner has raised a grievance that the petitioner has not been paid salary for the period he has remained terminated and by the order of this Court, he has been reinstated.
Learned counsel for the respondents has submitted
that in view of the constitution of Bihar Grants-in-Aid
Patna High Court CWJC No.5445 of 2020(10) dt.04-03-2021 2/2
Educational Institutions Authority Rule, 2015, he must approach to the Tribunal because Rule 11 thereof itself comprehends the dispute which has been raised in the present case.
In that view of the matter, this Court disposes of the present writ application with a liberty to the petitioner to approach Tribunal within a period of three weeks from the date of receipt of this order and if the petition is filed by the petitioner within the aforesaid period of three weeks, the Tribunal will decide the issue expeditiously in accordance with law.
(Shivaji Pandey, J)
rishi/-
U
1 issue framed by the court
Whether the petitioner should approach the appropriate Tribunal regarding the dispute over salary payment for the terminated period instead of seeking relief directly from this Court.
Dr. Gajendra Prasad Singh
The State of Bihar through the Additional Chief Secretary, Education Department
Jai Prakash University, Chapra through its Registrar
Vice Chancellor, Jai Prakash University, Chapra
Registrar, Jai Prakash University, Chapra
Dr. P.N. Singh Degree College, Chapra through the Secretary
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
