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Patna High CourtCWJC/20565/2018disposed

Rabia Kahkashan v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20565 of 2018 ====================================================== Rabia Kahkashan daughter of Khurshid Anwar Sangi Masjid Phulwarishareef of Late Jahid, Resident of Village- Chalka, Police Station- Phulwarishariff, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Human Resource Development Department, New Secretariat, Patna, Bihar.

3.

The Vir Kunwar Singh University, Bhojpur, Ara through its Vice Chancellor. 4.

The Vice Chancellor, Vir Kunwar Singh University, Bhojpur, Ara. 5.

The Registrar, Vir Kunwar Singh University, Bhojpur, Ara. 6.

Sri Chitranjan Prasad Singh, Regional President, Association of Non Teaching Staff, Son of Sriniwas Singh, Post- Aair, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -AAG 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 11.10.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "For issuance of an appropriate writ quashing the resolution taken by Bihar Rajaya Vishwidayalaya employees Union whereby and whereunder strike was called on, is still continuing completely contrary to the different orders passes by this Hon'ble Court

Patna High Court CWJC No.20565 of 2018(2) dt.06-01-2020 2/2 in the nature of mandamus commanding the respondent authorities to prevent the Bihar Rajya Vishvidyalaya Avam Mahavidyalaya Karamchari Mahasangh (Veer Kunwar Singh Vishvavidyalaya Prachetra, Ara) from giving effect the resolution dated 53.8.2018 whereby and where under a decision has been taken to take on indefinite strike from 23.8.2018 onwards.

For declaration of the strike to be illegal for the non teaching employees of the Veer Kunwar Singh University.

For direction upon the respondent University not to pay the salary of the non teaching staff who participate in the strike.

For direction upon the respondent authorities to take an appropriate action against the non teaching employees union as well as its member for calling on strike contrary to the series of orders passed by this Hon'ble court."

In our considered view, with the passage of time, the present petition has become infructuous, in as much as the period for which the relief was sought has since expired, as such the petition is disposed of.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U