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Patna High Court · body

2009 DIGILAW 184 (PAT)

Vijoy Kumar v. State Of Bihar

2009-02-05

J.N.SINGH

body2009
JUDGEMENT 1. In response to order dated 12.1.2009, a show cause has been filed on behalf of opposite party no.1. It is stated in the show cause that the University has been asked to submit audited claim in respect of the petitioners and upon submission of such audited claim, fund shall be released to the University for payment of the dues of these petitioners of all the above cases. 2. University had earlier filed show cause in these cases and had placed on record, the claim sent to the department in respect of dues of each and every petitioner with details of calculation of the amount found due to the petitioners. 3. In view of submission of such requisition with calculation of dues the department was required to process the same, and after verifying the calculation, was required to release fund for payment of each and every petitioners in particular. However since that was not done, this Court directed the Secretary, Human Resources Department to file specific show cause with definite stand in respect of the said requisition sent by the University. Now the Secretary, Human Resources Department has taken stand in the show cause that if the University submits the claims of the petitioners after getting it audit then only the claims of the petitioners can be considered and necessary fund will be released in favour of the University for payment of the dues of each and every petitioners in these cases. 4. This court is unable to appreciate the stand of the Secretary, Human Resources Department taken in the show cause. Once the requisition has been received in the department from the University with a calculation the department is well equipped to get the calculation checked at its own level by its auditors and officers and, after verifying the correctness of the calculations and claims made, the department can very well release amount found due to the petitioners in favour of the univerisity for its disbursement to the petitioner. 5. Mr. Partha Sarthy, learned counsel appearing for the University has placed the letter no. LC-1642/08 dated 30.12.2008 sent to the department by the University alongwith detailed calculation in respect of Dr. Hem Nath Jha, the petitioner of MJC No. 2829 of 2005. 5. Mr. Partha Sarthy, learned counsel appearing for the University has placed the letter no. LC-1642/08 dated 30.12.2008 sent to the department by the University alongwith detailed calculation in respect of Dr. Hem Nath Jha, the petitioner of MJC No. 2829 of 2005. In the letter, it has been categorically mentioned that the calculation in respect of the said petitioner was placed before the auditors of the State Government and after audit an amount of Rs. 2,12,388/- was found payable to the said petitioner. 6. Learned junior counsel to Mr. P.N. Shahi, learned counsel for the University, has also drawn the attention of this Court to another identical letter in respect of the petitioner of MJC No. 2647 of 2007 from which it appears that the Secretary, Higher Education has not applied his mind to the matter and has not made any effort whatsoever to comply with the orders of this Court by releasing necessary fund to the University for payment of these petitioners. 7. In the circumstances, the Secretary, Higher Education is directed to get the requisitions and claims submitted by the University in respect of these petitioners examined at departmental level by departments auditors and officers and release the admitted amount in favour of the University in specific names of the respective petitioners for disbursement of the amount to the respective petitioner by the University. In case the Secretary, Higher Education, finds that there is some mistake in the calculation made by the University, he shall get the claims examined at the departmental level itself and shall forward the calculation made by the University and by the department to the University with release of fund as per calculation made by the Department with a copy of the same to the respective petitioners through registered post at the cost of the department. In case this exercise is not completed by 28th of February, 2009, the Secretary, Higher Education shall not draw his salary of March, 2009 onwards till this exercise is complete. 8. Let the matter be listed on 2nd of March, 2009 with first five cases. 9. Let a copy of this order be handed over to Additional Advocate General No.5 for distributing its copy to other learned counsel appearing in the respective cases on behalf of the opposite parties.