High Court Patna High Court - Orders

Shiv Kumar Prasad &Amp; Ors vs The State Of Bihar &Amp; Ors on 24 September, 2010

Patna High Court – Orders
Shiv Kumar Prasad &Amp; Ors vs The State Of Bihar &Amp; Ors on 24 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  C. REV. No.216 of 2007
                              SHIV KUMAR PRASAD & ORS
                                            Versus
                               THE STATE OF BIHAR & ORS
                                          -----------

10/ 24.09.2010 1. Heard learned counsel for respondent nos. 2 to 5.

2. The claim of the petitioners with regard to arrears

as well as time bound promotion is practically admitted by the

University and its authorities, including the principal of the

concerned college.

3. Learned counsel for the said University

(respondent nos. 2 to 5) submits that if a direction is given to

the University for time bound promotion, the University will

expedite the matter. However, with regard to arrears of salary of

the petitioners, learned counsel for respondent nos. 2 to 5

submits that there is no hitch in the payment of the arrears to

the petitioners as per the list provided by the University dated

20.12.2004 (Annexure-D) except that the Government has to

release such fund to the University to be paid to the petitioners

and similarly situated other teacher.

4. In the aforesaid facts and circumstances, learned

counsel for the State of Bihar (respondent no1) prays for

sometime for seeking instructions and filing a counter affidavit.

Much time has lapsed and such an affidavit should have been

filed by the State Government earlier. However, considering

the entire facts and circumstances of the case, put up this case

on 08th of October, 2010 under the same heading retaining its
-2-

position, but by that time the counter affidavit must be filed by

respondent no.1.

(S. N. Hussain, J.)

Sunil