High CourtsSingle Bench(2020) 12 PAT CK 0089

Nityanand Prasad vs State Of Bihar And Ors

Patna High Court · Decided on 9 December 2020

HON’BLE JUDGES
Prabhat Kumar Jha, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 23206 Of 2019

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Judgment

15 paragraphs · 293 words

Heard Mr. Rajesh Kumar, learned counsel appearing for the petitioner, Mr. Jitendra Kumar Roy No. I, Standing Counsel III for the State, Mr. Ritesh

Kumar learned counsel appearing for Magadh University (Respondent Nos. 3 and 4) and Mr. Shriprakash Srivastava, learned counsel appearing for

Patliputra University (Respondent No.5) through Video Conferencing.

Grievance of the petitioner in this writ petition is with regard to non-payment of unutilized earned leave of 217 days in view of recommendation of 6th

Pay Scale Revision and for arrears of pay from 01.01.2006 to 31.10.2009 and any other relief/ reliefs for which petitioner is entitled.

Mr. Ritesh Kumar, learned counsel for the Magadh University while filing supplementary counter affidavit stated in paragraphs 4 and 5 that the

University has already calculated the arrears of pay which comes to Rs 2,21,775/- and the University sent to the State Government vide letter No.

Fin/Sal/63/2020 dated 15.06.2020 and now the State Government shall make payment through treasury to the petitioner. The University in paragraph 5

of the counter affidavit stated that 180 days of unutilized earned leave has already been paid and remaining is likely to be paid within four weeks as

there was no Finance Officer and now Finance Officer has joined on Monday.

Learned counsel for the State also undertakes to make payment of arrears of salary within six weeks as recommended by the University.

Having considered the facts, I dispose of this writ petition with a direction to the Magadh University to make payment of remaining amount of

unutilized earned leave encashment within four weeks and the State Government shall make payment of arrears of salary amounting to Rs 2,21,775/-

within six weeks from the date of this order.

With the aforesaid observations/directions, this writ petition stands disposed of.