Patna High Court - Orders
Raj Kumari Singh vs The State Of Bihar & Ors on 1 May, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3412 of 2013
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Raj Kumari Singh W/O Sri Jitendra Kumar Singh R/O Village- Paharma,
P.O.- Osaon, P.S.- Kachhawa, District- Rohtas, Residing Presently At
Mohalla- Dehri Road, Bikramganj, Basudha Kendra, P.S.- Bikramganj,
District- Rohtas
.... .... Petitioner
Versus
1. The State Of Bihar Through Principal Secretary Department Of Human
Resource, Bihar, Patna
2. Sub-Divisional Officer, Bikramganj, District- Rohtas Cum Secrtary Of
The Governing Body Null Indu Tapeshwar Singh Mahila College,
Bikramganj, Rohtas
3. The Principal, Indu Tapeshwar Singh Mahila College, Bikramganj,
Rohtas
4. The Vice-Chancellor, Veer Kuer Singh University, Ara
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay
For the Respondent/s : Mr. Ashok Kumar Keshri
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
2 01-05-2014Heard learned counsel for the parties.
While this Court will be absolutely reluctant to issue any direction for payment of Anudan/ honorarium in favour of the petitioner because the petitioner is an employee of a private institution, namely, Indu Tapeshwar Singh Mahila College, Vikramganj which is an affiliated College to Veer Kunwar Singh University, the limited grievance of the petitioner as with regard to his payment of salary and emolument could be examined either by the University or the State Government only to the extent as to whether the funds released by the State Government had also contained fund for payment of salary to the petitioner and whether Patna High Court CWJC No.3412 of 2013 (2) dt.01-05-2014 2 there is any justifiable reason for withholding of its payment, especially when the petitioner was also paid such salary from the said Anudan in the year 2010.
This Court can do so within the frame work of the Statutes where any action of the Governing Body can be subjected to scrutiny by the Syndicate and the Government has legal responsibility to do so because its release is a public fund from the tax-payer money for payment of salary and emolument to the employees of the private institution under its Scheme and policy to do away with Vittarahit Shiksha. Thus, if the State Government finds that the funds being released to the College is being mis- utilized it will be open for the State to stop releasing fund to the College but it cannot be shut its eyes as is alleged by the petitioner.
That being so, this writ application is disposed of with a direction to the State Government to examine the claim of the petitioner by getting the matter examined from the University and if it is found that the Governing Body of the College is mis- utilizing the fund and has illegally withheld payment of salary of the petitioner, it will immediately stop releasing further grant to the College, which at present is having a Governing Body headed by the Government official, namely, S.D.O., Vikramganj. Patna High Court CWJC No.3412 of 2013 (2) dt.01-05-2014 3
Let it, however, be made clear that this Court has not gone into the merits of the claim of the petitioner which of course is decided by the State Government as the Government itself is releasing fund under its policy of doing away Vittarahit Shiksha. In fact it is high time that the Government should also frame such Rules and Regulations for regulating payment/ distribution of fund being released through such private colleges/ institutions under the scheme of Vittarahit Shiksha.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) surendra/-