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Patna High CourtCWJC/6498/2021disposed

Dr. Bhupendra Bhatt v. The Chancellor, Universitites Of Bihar,

2021-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6498 of 2021 ====================================================== Dr. Bhupendra Bhatt, Son of Late Girishwar Bhatta, Retired Associate Professor Department of Zoology. D.B.K.N. College, Narhan, DistrictSamastipur, At present - Resident of Mohalla - Lohiya Nagar (East). Post Office - Suhird Nagar Begusarai, District - Begusarai (Bihar). ... ... Petitioner/s

Versus

1.

The Chancellor, Universities of Bihar, Raj Bhawan, Patna. 2.

The Officer on Special Duty (O.S.D.), Universities of Bihar, Governor's Secretariat, Raj Bhawan, Patna.

3.

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

4.

Lalit Narayan Mithila University through its Registrar, Kameshwar Nagar, Darbhanga.

5.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The State of Bihar through the Principal Secretary, Human Recourses Development Department, Government of Bihar, 7.

The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

8.

The Director, Higher Education, Education Department, Bihar, Patna. 9.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Mishra, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) For the University : Mr. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner, State and the University.

The grievance in the present writ application is that notwithstanding the declaration of entitlement of the petitioner by Justice S. N. Jha Committee (Annexure-15), the corresponding benefit has not reached the petitioner. Learned counsel for the petitioner submits that Justice

Patna High Court CWJC No.6498 of 2021(2) dt.26-03-2021 2/2 S. N. Jha committee has found the service of the petitioner as genuine w.e.f. 16.08.1980 and he is also entitled to grant of monetary benefit of Ph.D., as the petitioner has passed the Ph.D. in view of notification dated 08.05.2019.

Considering the fact that the petitioner's initial date of appointment admitted by one man committee (Justice S.N. Jha) as 16.08.1980, the petitioner would be entitled to the benefit of continuity in service and all consequential benefit. The petitioner shall also be entitled to the benefit of Ph.D. degree in terms of notification dated 08.05.2019 and based on the aforesaid decision of the University as well as one man committee (Justice S.N. Jha), the respondent University and the State are directed to work out the entitlement of the petitioner for grant of retiral dues within a maximum period of four months from the date of receipt/production of a copy of this order and ensure payment of entire post retiral dues within a further period of four months.

With the aforesaid the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U