Chandreshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1353 of 2024 ====================================================== Chandreshwar Mishra Son of Sinheshwar Mishra, Resident of Sri Radha Krishna Nagar Bibiganj, P.O.and P.S.- Bhagwanpur, District- Muzaffarpur, Pin Code- 842001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. 3.

Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4.

Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 5.

Principal, Lalit Naryan Tirhut Mahavidyalaya, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Sr. Adv.

For the Respondent/s :

Mr. Ravi Kumar, AC to GP13 For the University :

Mr. Indrajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

2. The present writ petition has been filed seeking the following reliefs:

"(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the B.R. Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as "the University") to take steps towards considering the case of the petitioner for granting him promotion in the rank of Librarian rank (Senior Scale) and Librarian (Selection Grade) in the services of the University and accordingly, extend all consequential benefits, including revision of his salary, etc as he may be found to be entitled to upon grant of the said promotion;

(ii) Issuance of a direction, order or writ, including

Patna High Court CWJC No.1353 of 2024(2) dt.18-01-2025 2/3 writ in the nature of mandamus commanding the concerned respondent authorities to take steps towards fixation of salary of the petitioner after granting him promotion in the rank of Librarian (Selection Grade) in the services of the University and accordingly, make payment of arrears of salary and grant of other consequential benefits including revision of retirements benefits, etc as the petitioner may be found to be entitled to in accordance with law;

(iii) Issuance of a declaration holding that the petitioner is entitled for grant of promotion in the rank of Librarian (Selection Grade) in the services of the University in accordance with the relevant rules and regulations and the Statutes regarding grant of promotion to the persons working against different posts in the services of the University; (iv) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

3. At the very outset, learned counsel for the petitioner submits that the petitioner has already filed a detailed representation before the concerned Authority for redressal of his grievance, but till date no order has been passed in the said representation.

4. Considering the facts and circumstances of the case, the petitioner is directed to file a fresh representation before the Respondent No.4 along with all supporting documents within a period of three weeks and the Respondent No.4 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law

Patna High Court CWJC No.1353 of 2024(2) dt.18-01-2025 3/3 within eight weeks thereafter.

5. It is made clear that the Respondent No.4 shall be liable for non-compliance of this order within the stipulated period.

6. With the aforesaid direction, the writ application stands disposed of.

7. It is made clear that this Court has not gone to the merit of the case.

(Anjani Kumar Sharan, J) anand/- U