Mostt.Jayanti Devi Vs. the State of Bihar and ors

Mostt.Jayanti Devi vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 12, 2012

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Citation: sooperkanoon.com/974570
Court: Patna High Court
Decided On: May 12, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mostt.Jayanti Devi

Respondent

The State of Bihar and ors

Excerpt

in the high court of judicature at patna civil writ jurisdiction case no.5411 of 2008 mostt. jayanti devi, wife of late trilok nath jha, resident of mohalla chitragupta nagar, kayasth tola, p.s. sadar, dist. saharsa. -------- petitioner versus 1. the state of bihar through its chief secretary, govt. of bihar, patna.2. the finance commissioner, govt. of bihar, patna.3. the secretary, higher education, human resources development department, govt. of bihar, patna.4. the vice-chancellor, b.n. mandal university, madhepura.5. the registrar, b.n. mandal university, madhepura.6. the finance officer, b.n. mandal university, madhepura.7. the principal, r.m.m. law college, saharsa, dist. saharsa. -------- respondents --------”12. 01.2012 having heard learned counsel for the parties and taking into account that the grievance of the petitioner with regard to difference of payment of salary of her husband for the period of his functioning as a part-time lecturer in r.m.m. law college under the b.n. mandal university with effect from 1.1.1996 to 23.11.2003 would depend on the fulfilment of the terms and conditions by the husband of the petitioner as clarified in the letter of the human resources development department contained in memo no. 1010 dated 25.3.2006, a copy whereof has been produced by the learned counsel for the petitioner in course his making submission, this court would give liberty to the petitioner to 2 approach the registrar of the university by filing a self-contained representation enclosing the copy of the aforementioned memo no. 1010 dated 25.3.2006 for claiming the difference of salary of her husband. mr. hemendra prasad singh, learned senior counsel appearing for the university, has assured this court that a final decision as with regard to entitlement of the husband of the petitioner for payment of difference of salary with effect from 1.1.1996 shall be taken within a period of three months from the date of filing of the representation by the petitioner.

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5411 of 2008 Mostt. Jayanti Devi, wife of Late Trilok Nath Jha, resident of Mohalla Chitragupta Nagar, Kayasth Tola, P.S. Sadar, Dist. Saharsa. -------- Petitioner Versus 1. The State of Bihar through its chief Secretary, Govt. of Bihar, Patna.

2. The Finance Commissioner, Govt. of Bihar, Patna.

3. The Secretary, Higher Education, Human Resources Development Department, Govt. of Bihar, Patna.

4. The Vice-Chancellor, B.N. Mandal University, Madhepura.

5. The Registrar, B.N. Mandal University, Madhepura.

6. The Finance Officer, B.N. Mandal University, Madhepura.

7. The Principal, R.M.M. Law College, Saharsa, Dist. Saharsa. -------- Respondents --------”

12. 01.2012 Having heard learned counsel for the parties and taking into account that the grievance of the petitioner with regard to difference of payment of salary of her husband for the period of his functioning as a part-time lecturer in R.M.M. Law College under the B.N. Mandal University with effect from 1.1.1996 to 23.11.2003 would depend on the fulfilment of the terms and conditions by the husband of the petitioner as clarified in the letter of the Human Resources Development Department contained in memo no. 1010 dated 25.3.2006, a copy whereof has been produced by the learned counsel for the petitioner in course his making submission, this Court would give liberty to the petitioner to 2 approach the Registrar of the University by filing a self-contained representation enclosing the copy of the aforementioned memo no. 1010 dated 25.3.2006 for claiming the difference of salary of her husband. Mr. Hemendra Prasad Singh, learned Senior counsel appearing for the University, has assured this Court that a final decision as with regard to entitlement of the husband of the petitioner for payment of difference of salary with effect from 1.1.1996 shall be taken within a period of three months from the date of filing of the representation by the petitioner. That being so, this Court would also direct the Vice Chancellor of the University to take a final decision as with regard to entitlement of difference of salary of the husband of the petitioner within a period of three months from the date of filing of the aforementioned representation of the petitioner. Let it be made clear that this Court has expressed no opinion on merits as with regard to the admissibility of the claim of the petitioner, which shall be examined and 3 decided by the University strictly in accordance with law. With the aforementioned observations, direction and liberty, this application is disposed of. (Mihir Kumar Jha, J.) Rsh

Same Court & Year Patna · 2012 Same Parties Mostt.Jayanti Devi vs The State of Bihar and ors Same Subject Education