Ram Suresh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ram Suresh Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to the petitioner to file a detailed representation before respondent no. 5 (Registrar, Jai Prakash University, Chapra) within one month; Registrar obliged to dispose of the representation lawfully by a reasoned order within two months of receipt; any amount found payable to be paid by the respondents within one month of the Registrar's disposal.

Issue for consideration

Whether the respondents should be directed to pay the petitioner the difference of salary with effect from 01.10.2006 to April 2015, amounting to Rs. 2,75,034/-, payable as per fixation of pay after the petitioner's promotion to the post of 'Reader' fixed by the Pay Verification Committee of the State Government.

Ratio / Principle

The writ application is disposed, with permission granted to the petitioner to file a detailed representation before respondent no. 5, the Registrar, Jai Prakash University, Chapra, within a period of one month.

Key takeaways

If the said representation is filed, the Registrar shall be obliged to dispose of it in accordance with law by a reasoned order within a period of two months from the date of receipt.ratio¶¶19
If any amount is found payable to the petitioner upon disposal of the representation, the same shall be paid by the respondents within a period of one month from the date of disposal of the representation by the Registrar.ratio¶¶20

Detailed headnote1 paragraphs

High Court of Judicature at Patna, Civil Writ Jurisdiction Case No.13662 of 2024 (Anil Kumar Sinha, J.), oral order dated 10-09-2024. Petitioner Ram Suresh Singh sought a direction to the respondents to pay the difference of salary with effect from 01.10.2006 to April 2015, amounting to Rs. 2,75,034/-, payable as per fixation of pay after his promotion to the post of "Reader" fixed by the Pay Verification Committee of the State Government. Counsel noted that in identical cases of teachers Ajit Kumar Singh and Nabi Ahmad this Court had directed filing of representations before the Registrar within four weeks, with reasoned and speaking orders within eight weeks, and asked for disposal in the same terms. The Court disposed of the writ application with permission to file a detailed representation before respondent no. 5, the Registrar, Jai Prakash University, Chapra, within one month, obliged the Registrar to dispose of it in accordance with law by a reasoned order within two months of receipt, and directed that any amount found payable be paid by the respondents within one month of that disposal.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13662 of 2024

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

Ram Suresh Singh Son of Late Radhe Lal Prasad Resident of Village- Malvia Nagar, Mahadewa, P.O. and P.S.- Siwan, District- Siwan.

... ... Petitioner/s

Versus

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

The Principal Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, Patna.

Jai Prakash University, Chapra, through its Registrar.

The Vice-Chancellor, Jai Prakash University, Chapra.

The Registrar, Jai Prakash University, Chapra.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Shubh Narain Singh For the Respondent/s : Mr. Md. Raisul Haque, SC -10 Mr. Binay Kumar For the J.P. University : Mr. Bindhyachal Rai, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 10-09-2024

Learned counsel for the petitioner submits that the present writ application has been filed for a direction to the respondents to pay the difference of salary with effect from 01.10.2006 to April, 2015 amounting to Rs. 2,75,034/- which is payable to the petitioner as per fixation of pay after promotion of the petitioner on the post of “Reader” by the Pay Verification Committee of the State Government.

Learned counsel for the petitioner submits that in identical case of teachers namely, Ajit Kumar Singh and Nabi Ahmad, this Court has directed the petitioners of those cases to

Patna High Court CWJC No.13662 of 2024(2) dt.10-09-2024 2/2

file representation before the Registrar of the University within a period of four weeks with further direction to the Registrar to pass a reasoned and speaking order within eight weeks from the date of receipt of the representation. Accordingly submission is that this writ application be disposed in same terms.

Having heard learned counsel for the parties and taking into consideration the nature of the prayer, the writ application is disposed with permission to the petitioner to file a detailed representation before the respondent no. 5 / Registrar, Jai Prakash University, Chapra within a period of one month from today. If the said representation is filed, the Registrar shall be obliged to dispose the same in accordance with law by a reasoned order within a period of two months from the date of receipt of the representation.

It goes without saying that if any amount is found payable to the petitioner, the same shall be paid by the respondents within a period of one month from the date of disposal of the representation by the Registrar.

(Anil Kumar Sinha, J)

praful/-

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