Ashwini Kumar, son of Late Birendra Kumar Singh vs The State of Bihar

Heard learned counsel for the petitioner, State and Tilka

Manjhi Bhagalpur University.

The petitioner has moved the Court seeking a

direction for payment of his salary which is due since 01.03.2016.

Learned counsel for the University submitted that the

same shall be paid on receipt of funds.

Though learned counsel for the University submitted

that he has filed counter affidavit, the same is not on record. It was

submitted that in the counter affidavit the stand is that the petitioner

and six other persons are the only ones left to whom salary has not

been paid due to paucity of funds.

Having considered the aforesaid, in the opinion of the

Court, the salary of the petitioner, till time he is working, cannot be

withheld due to paucity of funds and that too when other similarly

situated persons have been paid.

In view of the aforesaid, a direction is issued to the

respondents no. 4 and 5 to ensure that payment of arrears salary to the

petitioner is made within two weeks from the date of service of a copy

of this order on them. It is only clarified that the petitioner shall be

entitled to such payment of salary as has been given to other similarly

situated persons in a uniform basis without any pick and choose. This

would not mean that the petitioner''s case will be treated similar to six

others who have not been paid and rather in general terms, if others

have been paid, the petitioner shall also be paid.

Learned counsel for the petitioner drew the attention

of the Court to order dated 24.07.2017 passed in C.W.J.C. No. 9711

of 2016 which was disposed off on the ground that in the counter

affidavit filed by the same University, the salary for the period had

already been paid to the petitioner under cheque dated 19.07.2017 and

it was indicated that the same would be paid within one week from the

date of receipt of a copy of the order upon the concerned respondents,

if already not done. He pointed out that the same has still not been

paid.

In view of the aforesaid, the Court would only

indicate that if in the present case also the direction of the Court is not

complied with, severe consequences shall follow.

The writ petition stands disposed off in the

aforementioned terms.