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Patna High Court - Orders

Saurav Suman Singh vs The State Of Bihar And Ors on 3 March, 2020

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7122 of 2018
                 ======================================================
                 Saurav Suman Singh Son of Late Anil Kumar Singh, resident of Village-
                 Kachchi Talab, Gardanibagh, Shanti Path, Saristabad, Post- G.P.O., District-
                 Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna.
           3.    The Vice- Chancellor, Magadh University, Bodh Gaya.
           4.    The Registrar, Magadh University, Bodh Gaya.
           5.    The Finance Officer, Magadh University, Bodh Gaya.
           6.    The Principal, Mahila College, Khagaul, District Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Shashi Bhushan Singh
                 For the Respondent/s   :     Mr.AR. Pandey- Aag15
                 For the University     :     Mr. Arabind Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

5   03-03-2020

The present application involves payment of salary to the petitioner who was appointed on compassionate ground.

The stand taken in the counter affidavit that on the post the petitioner was initially appointed on compassionate ground was not a sanctioned post is absurd and as such the counter affidavit is rejected.

The respondent University is directed to work out the entitlement of the petitioner for payment of salary from the date of initial appointment as the petitioner cannot be faulted in the matter of posting against unsanctioned post on compassionate Patna High Court CWJC No.7122 of 2018(5) dt.03-03-2020 2/2 appointment. The University is required to adopt corrective measures to ensure entire payment of the petitioner for the period he was posted against unsanctioned post within a maximum period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/-

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