Smt.Premlata Prakash vs The State Of Bihar &Amp; Ors on 25 April, 2011

Patna High Court – Orders
Smt.Premlata Prakash vs The State Of Bihar &Amp; Ors on 25 April, 2011
                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.7078 of 2004
                  SMT.PREMLATA PRAKASH w/o Dr. Bimal Prakash, resident of
                  Prakash House, Baderghat, P.S. Alamganj, P.O.- Gulzarbagh, Town
                  and District- Patna.
                  1. THE STATE OF BIHAR through its Secretary, Higher
                  Education, Patna.
                  2. The Secretary, Higher Education, New Secretariat, Patna.
                  3.The Magadh University Bodh- Gaya through its Registrar.
                  4.The Vice Chancellor, Magadh University,Bodh- Gaya.
                  5. The Finance Officer, Magadh University,Bodh- Gaya.
                  6. The Principal, R.P.M. College (Rameshwar Das Panna Lal
                  Mahila College), Chowk Shikarpur, Patna City, District- Patna.

9 25.4.2011 The petitioner had come to this Court with a simple

grievance. According to her the amount that was due under various

heads, as found by the University itself payable to her up to 1998 was

Rs. 2,59,409/- in respect of which an amount of Rs. 57,482/-was paid.

As per University a balance amount of Rs. 2,01,927/- was the balance

payable. The matter having been recommended to the State Auditors.

They examined the matter and according to them the amount payable

was only Rs. 1,02,484/- . The claim to the extent of Rs.99,443/- was

disallowed and shown as savings in government account. As if the

Auditors were sent to save government money and not calculate

legitimate due. If one refers further to the reasons given by the Auditor

they are more astounding. There are only two grounds on which the

amount has been denied payable. First , with regard to initial pay scale

of the Reader upon implementation of the 5th Pay Revision and the

fitment of salary on completion of five years as a Reader with effect

from 1.1.1996.This Court in C.W.J.C.No,.18532 of 2009, disposed of on

5.7.2010 held that the approach of the Auditors was wrong and clarified

the whole situation, still Auditor fix his gun ignoring the judgment of

this Court, which has attained finality. Second is with regard to the shift

of date of payment from 11.12.1979 to 28.2.1982 in view of order in

CWJC No.5859 of 1996.This decision of the State to shift the date has

already been stayed by this Court long before . The auditors came to this

finding but has been ignored .

In view of the aforesaid and there being no further affidavit

from the Sate in spite of repeated orders, this Court has no option but to

direct the University to clear full payments of the petitioners by making

further payment of Rs. 99,443/- within a period of one month from

today. The State would be obliged to reimburse this amount to the

University. Once is made by the University to the petitioner. Both these

deductions, for the reasons, as noticed above, are unsustainable. I order

accordingly. Timely payment shall be the responsibility of the Registrar

of the University concerned.

With the aforesaid observations and directions, the writ

petition is disposed of.

singh                      (Navaniti Prasad Singh,J)

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