IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2106 of 2019

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Dr. Ram Sagar Singh, S/o Late Chandrika Prasad Singh, Permanent Resident

of Village- Lagma Via Mangalgarh, District- Samastipur, Presently residing at

Tirhut Colony, Ward No. 21, P.S.- Madhubani, retired as Associate Professor

in the Department of Botany, J.N. College, Madhubani

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt.

of Bihar, New Secretariat, Patna

2.

Principal Secretary, Education Department, Govt. of Bihar, New Secretariat,

Patna

3.

The Vice-Chancellor, L.N. Mithila University, Darbhanga.

4.

The Registrar, L.N. Mithila University, Darbhanga

5.

The Finance Officer, L.N. Mithila University, Darbhanga Bihar

6.

The Principal, J.N. College Madhubani, District Madhubani

... ... Respondent/s

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with

Civil Writ Jurisdiction Case No. 1788 of 2019

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Binda Devi, W/o Late Akhileshwar Prasad Singh, resident of- Maheshbara,

Ward No. 5, Via- Manjhaul, P.S.- Manjhaul, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department,

Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar,

Patna.

3.

The Vice- Chancellor, Lalit Narayan Mithila University, Darbhanga.

4.

The Registrar, Lalit Narayan Mithila University, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

6.

The Principal, R.C.S. College, Manjhaul, Begusarai.

... ... Respondent/s

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Appearance :

(In Civil Writ Jurisdiction Case No. 2106 of 2019)

For the Petitioner/s

:

Mr. Shashi Bhushan Singh, Advocate

For the Respondent/s

:

Smt. Shilpa Singh (GA-12)

(In Civil Writ Jurisdiction Case No. 1788 of 2019)

For the Petitioner/s

:

Mr. Shashi Bhushan Singh, Advocate

For the Respondent/s

:

Mr. Md. Nadim Seraj

For the University : Mr. Shailesh Kumar, Advocate

Patna High Court CWJC No.2106 of 2019 dt.08-07-2021

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

ORAL JUDGMENT

Date : 08-07-2021

Heard learned counsel for the petitioners and the

respondents.

2. The Court failed to understand the attitude of the

respondent authorities notwithstanding the fact that this Court

authoritatively decided the issue in the case of teaching staff of the

University and thereafter the DA and HRA has been paid by the

University to similarly circumstanced other teaching staff, but

unfortunately in the case of the petitioners, objection has been

raised that in one of the matters, the University has preferred

L.P.A. No. 333 of 2019. We are in 2021. Till date, there is no stay

order against the order passed by writ Court, yet on the ground of

pendency of the L.P.A. the respondents are denying payment of

DA and HRA to the teachers, who retired long back.

3. In the aforesaid circumstances, the Court is

constrained to direct the respondent University to get the order of

the writ Court stayed, modified or set aside by the LPA Court

within a period of three months, failing which the respondents

have to pay the entire DA and HRA provisionaly, which will abide

by the final outcome of the order passed by the L.P.A. Court.

4. The University and the State Government have to

give an undertaking to this Court that they will pay the entire

Patna High Court CWJC No.2106 of 2019 dt.08-07-2021

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amount subject to the final outcome of the L.P.A. or the Vice-

chancellor of the University and the Principal Secretary of the

Education Department if not ready to pay DA, HRA provisionally

in that event they shall be saddled with exemplary cost.

5. In the event, the L.P.A. is decided against the

appellant, the