PATNA HIGH COURT ISSUES JUDGEMENT ON PREM NATH DAS V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Oct. 8 -- Patna High Court issued the following judgment on Sept. 8:

Heard the parties.

2. Notwithstanding the recommendation made by the Principal of the CMB College, Deorh as well as Bursar of the said College for payment of the arrears of salary to the petitioner, till date, the arrears of salary to the tune of Rs. 38,80,246/- along with interest for the period 01.01.1981 to 31.10.2014 has not been paid, compelling the petitioner to approach this Court.

3. Learned Advocate for the petitioner submitted that initially, the petitioner was appointed to the post of Demonstrator in the Department of Chemistry. However, later on, some litigation took place and the services of the petitioner could not be regularized/absorbed against the sanctioned post of demonstrator, leading to institution of CWJC No. 4082 of 2006, which came to be disposed off on 21.01.2011.

4. In compliance with the order of this Court, the services of the petitioner came to be regularized as a Demonstrator in the Department of Physics of CMB College, Deorh, Ghoghardiha vide notification contained in Memo No. 6241-92/12 dated 02.04.2012 with effect from 05.11.1973, on the recommendation of the syndicate. The Principal and the Bursar of the CMB College, Deorh, Ghoghardiha after making proper calculation of the arrears of salary, has requested to the University for allotment of the fund, but no action has been taken till date.

5. Miss Alka Verma, learned Advocate for the Lalit Narayan Mithila University, Darbhanga has submitted that instruction is required with regard to the steps being taken over the request of the College and the petitioner.

6. Having considered the submissions set-forth by the learned Advocate for the respective parties and taking note of the nature of the grievance, this Court deems it apt and proper to dispose off the writ petition with a direction to the respondent nos. 4 and 5, to consider the representation of the petitioner, the copies of which are marked as Annexure- P/7 and Annexure-P/8 and pass an appropriate speaking order, in accordance with law.

7. Suffice it to observe that in case the claim of the petitioner finds favour, necessary consequential mandatory benefits shall be accorded to the petitioner, preferably within a period of twelve weeks', from the date of receipt/production of a copy of this order.

8. With the aforesaid direction, the writ petition stands disposed off.

Disclaimer: Curated by HT Syndication.