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Dr. Brahamchari Prabhu Nath … vs State Of Bihar &Amp; Ors. on 6 April, 2011

Patna High Court – Orders
Dr. Brahamchari Prabhu Nath … vs State Of Bihar &Amp; Ors. on 6 April, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              MJC No.1930 of 2010
                              VIKRAMADITYA BHARATI .
                                     Versus
                             STATE OF BIHAR & ORS. .
                                      with
                              MJC No.618 of 2010
1. DR. BRAHAMCHARI PRABHU NATH PATHAK S/O LATE CHANDRIKA DUTT
PATHAK AT AND P.O.- MARKAN, SIWAN, DISTT.- SIWAN, PROFESSOR,
D.A.V. COLLEGE, SIWAN, P.S. AND DISTT.- SIWAN
                                     Versus
1. THE STATE OF BIHAR THROUGH MR. ANJANI KUMAR SINGH, THE
PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT,
BIHAR, PATNA
2. MR. ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY HUMAN
RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH
BHAWAN, PATNA
3. JAI PRAKASH UNIVERSITY, CHAPRA, THROUGH MR. VIJAY PRATAP
KUMAR, REGISTRAR DISTT.- SARAN AT CHAPRA
4. MR. RAM VINAY SHARMA, THE VICE-CHANCELLOR JAI PRAKASH
UNIVERSITY, CHAPRA, DISTT.- SARAN AT CHAPRA
5. REGISTRAR, SRI VIJAY PRATAP KUMAR JAI PRAKASH UNIVERSITY,
CHAPRA, DISTT.- SARAN AT CHAPRA
6. BABA SAHEB BHEEM RAO AMBEDKAR BIHAR UNIVERSITY MUZAFFARPUR,
DISTT.- MUZAFFARPUR
7. MR. RAJDEO SINGH, THE VICE-CHANCELLOR BABA SAHEB BHEEM RAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR, DISTT.- MUZAFFARPUR
8. SRI VIBHASH YADAV, THE REGISTRAR BABA SAHEB BHEEM RAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR, DISTT.- MUZAFFARPUR
9. MR. DAYA KANT MISHRA, THE FINANCE OFFICER JAI PRAKASH
UNIVERSITY, CHAPRA, DISTT.- CHAPRA
                                      with
                              MJC No.619 of 2010
1. UMESH CHANDRA MISHRA S/O PANDIT KAMLA NAND MISHRA R/O RAKESH
MARKET, OPPOSITE GANDAK PROJECT, SRI NAGAR, SIWAN, POST, P.S. AND
DISTT.- SIWAN, AT PRESENT READER, DEPARTMENT OF BOTANY, D.A.V.
COLLEGE, SIWAN
                                     Versus
1. THE STATE OF BIHAR THROUGH MR. ANJANI KUMAR SINGH THE
PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,
BIHAR, PATNA
2. MR. ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY HUMAN
RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH
BHAWAN, PATNA
3. JAI PRAKASH UNIVERSITY, CHAPRA THROUGH MR. VIJAY PRATAP KUMAR,
REGISTRAR DISTT.- SARAN AT CHAPRA
4. MR. RAM VINAY SHARMA, THE VICE-CHANCELLOR JAI PRAKASH
UNIVERSITY, CHAPRA, DISTT.- SARAN AT CHAPRA
5. REGISTRAR, SRI VIJAY PRATAP KUMAR JAI PRAKASH UNIVERSITY,
CHAPRA, DISTT.- SARAN AT CHAPRA
6. BABA SAHEB BHEEM RAO AMBEDKAR BIHAR UNIVERSITY MUZAFFARPUR,
DISTT.- MUZAFFARPUR
                                      2




7. MR. RAJDEO SINGH, THE VICE-CHANCELLOR BABA SAHEB BHEEM RAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR, DISTT.- MUZAFFARPUR
8. SRI VIBHASH KUMAR YADAV, THE REGISTRAR BABA SAHEB BHEEM RAO
AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR, DISTT.- MUZAFFARPUR
9. SRI DAYA KANT MISHRA, THE FINANCE OFFICER JAI PRAKASH
UNIVERSITY, CHAPRA, DISTT.- CHAPRA
                                   -----------

4/ 06/04/2011 Heard learned counsel for the petitioner, for the

Jay Prakash University (hereinafter referred to as J.P.

University) and for the Baba Saheb Bhimrao Ambedkar

Bihar University (hereinafter referred to as Bihar

University).

Learned counsel for the petitioners fairly submits

that some dues have been paid by the J.P. University. He

however contends that it is not full payment as also that

the payment has not been made in the correct scale of

Reader.

In view of the nature of the order on the writ

petition the Court finds it difficult to adjudicate this issue

in the contempt jurisdiction. If the petitioner is aggrieved by

the fixation of the pay-scale and consequent payment of

arrears, his remedy lies in a fresh writ application only.

It is next contended on behalf of the petitioner

that the dues pertaining to the period in the jurisdiction of

the Bihar University has not been transferred to the J.P.

University because of which it has not been paid.

Submissions and counter submissions have been

made on behalf of J.P. University and the Bihar University.
3

The Court is not concerned with their administrative issues.

The claims of the petitioner have not been denied.

The Court cannot act as a super administrator of

the two Universities. The administrative aspect of

coordination between the two Universities pertains

exclusively to the domain of administration.

The Court therefore observes, expects and holds

the fond hope that the Vice Chancellors of the two

Universities shall rise to the occasion and ensure that their

subordinates perform their administrative duties in

accordance with law so that the arrears of the petitioner,

whether it be the issue of transmission of funds from the

Bihar University to the J.P. University or that the funds had

already been transferred and payment to be made by the

J.P. University, shall together by both the Vice Chancellors

be ensured for compliance within a maximum period of six

weeks from the date of receipt/production of a copy of this

order before the two Vice Chancellors.

If the petitioner be aggrieved by the quantum of

payment so made thereafter, his remedy shall lie in a fresh

writ application.

The contempt applications stand disposed.

KC                           ( Navin Sinha, J.)
 

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