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Patna High Court – Orders
Ram Mohan Prasad Mehta vs The State Of Bihar & Ors. on 16 September, 2011
       Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3007 of 2009
                   ======================================================

RAM MOHAN PRASAD MEHTA , SON OF SHRI KAMESHWAR
PRASAD MEHTA, RESIDENT OF MOHALLA – THANA ROAD,
POLICE STATION – PATORY, DISTRICT – SAMASTIPUR
…. …. Petitioner/s
Versus

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, H.R.D. DEPARTMENT, BIHAR, PATNA.

2. ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR,
PATNA.

3. MISHRI LAL THAKUR, VICE CHANCELLOR, L.N.M.
UNIVERSITY DARBHANGA.

4. BIJAY KUMAR SINGH, REGISTRAR, L.N.M. UNIVERSITY
DARBHANGA.

…. …. Respondent/s
======================================================

8. 16-09-2011 Heard learned counsel for the petitioner and the

University.

A show cause and additional show cause have been

filed on behalf of the University stating therein that the order has

been complied with and as such, the contempt application

deserves to be dismissed.

Learned counsel for the petitioner, on the other hand,

submits that petitioner has not been paid his full amount towards

the leave encashment. According to the petitioner, the total earned

leave remained to be encashed is 198 days, however, according to

the documents annexed to the show cause, it appears that total

admissible earned leave is 134 days and out of which 131 days

was deposited against the strike period. Learned counsel for the
Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011

petitioner further submits that for the strike period, petitioner had

worked by taking extra classes and as such, they could not had

adjusted from the earned leave of the petitioner. As regards the

arrears of salary, the submission of the petitioner is that calculation

is not correct, as per the revised University Grants Commission

pay scale.

Considering the submission of the parties, it appears

that petitioner has been paid admissible gratuity as also the amount

on account of earned leave. However, the calculation is disputed.

Besides the above, petitioner also disputed the calculation of

arrears of salary.

In the above circumstances, this contempt application

need not proceed further and the same stands disposed of.

However, with respect to discrepancy in the calculation on

account of arrears of salary since petitioner submits that no

calculation has been made from January 1996 to March 2001,

petitioner may bring it to the notice of the Registrar of the

University stating clearly with respect to the above which shall be

looked into and communicated to the petitioner and if any further

amount found admissible on account of arrears of salary as also the

amount against leave encashment and the statutory interest payable

on the amount of gratuity, the same shall be paid to the petitioner
Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011

expeditiously, preferably within a period of three months. The

amounts found admissible shall be paid to the petitioner on receipt

of the fund from the State Government.

The M.J.C. application stands disposed of.

(Shailesh Kumar Sinha, J)

Jagdish/-


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