Patna High Court CWJC No.1239 of 2009 (5) dt.25-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1239 of 2009 ====================================================== Dr.Prof.Sashi Kiran Verma .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh Mr. Vinay Kumar Mishra For the Respondent/s : Mr. (Sc9) Mr. Ajay Behari Sinha Mr. Shivendra Kishore Mr. Harendra Kumar Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 25-08-2011 Heard counsel for the petitioner, counsel appearing for the B.R.A. Bihar University, J.P. University as well as the counsel appearing for the State. Petitioner was appointed as Lecturer in the department of Economics on 2.1.1970 at Jai Prakash Mahila College, Chapra, which was at the relevant time a constituent unit of B.R.A. Bihar University. She was subsequently promoted to the post of Reader on 17.12.1984, on the post of Professor on 2.1.1995 and finally she became In-charge Principal on 31.3.2005. The college in which the petitioner was appointed and continued to work, subsequently became the constituent Unit of Jai Prakash Patna High Court CWJC No.1239 of 2009 (5) dt.25-08-2011 University, Chapra on 1.10.1992, when Independent University carved out from Bihar University. Petitioner has filed this application for a direction to the respondent University i.e. i.e. B.R.A.Bihar University as well as J.P. University for making payment of difference of arrears of salary in the revised pay scale for the period 1.1.1975 to 31.10.1992. Details of petitioner’s claim has been given in paragraph 24 of the writ application and a calculation chart has also been annexed as Annexure-1 to the writ application. Petitioner’s total claim as disclosed is Rs. 13,67,835.00. Counter affidavits have been filed on behalf of B.R.A. Bihar University as well as J.P. University. B.R.A.Bihar University has made similar statement in its two counter affidavit that after bifurcation a consolidated fund had been transferred by the B.R.A. Bihar University in favour of J.P.University, in order to meet such claims, as made by the petitioner. There is no denial on behalf of J.P.University in its counter affidavit, so far it relates to transfer of consolidated fund. However, Mr. Ajay, counsel appearing for J.P.University has submitted that since, the counter affidavit of the B.R.A.Bihar University was not supplied to him, as such he Patna High Court CWJC No.1239 of 2009 (5) dt.25-08-2011 could not examine whether dues of petitioner, for the period he was working at B.R. A. Bihar University could be paid from out of the consolidated fund. In past several such dues have been paid, as such what is the present position of that transferred amount is not known to him. Whatever be the matter, petitioner’s entitlement regarding difference of arrears of salary has not been denied by any of the University. In the counter affidavit filed on behalf of J.P.University claim of the petitioner has been calculated and payable is Rs. 8,79,345/-. Stand of J.P.University is that adjusting excess payment of Earned Leave ( Rs. 48,675/-) and pension ( Rs. 59,658/-) a sum of Rs. 7,71,012/- has already been directed to be deposited in petitioner’s pension Account with Punjab National Bank, Chapra vide letter dated 8.4.2010. Since petitioner’s claim as disclosed in paragraph 24 of the writ application is Rs. 13,67,835.00, as such this application is being disposed of, giving liberty to the petitioner to make a fresh claim before the University, with regard to residual amount claimed by him. In case petitioner files any representation, making such claim before the concerned authority, her representation should be considered/disposed off by both the University within eight weeks from the date of its’ Patna High Court CWJC No.1239 of 2009 (5) dt.25-08-2011 filing. In case the University comes to this conclusion that petitioner is not entitled for any residual amount, the finding will be recorded in the order by the Registrar of both the University. The writ application is disposed off with the aforesaid observation and direction. Arun Kumar/- (Mridula Mishra, J)