Manindra Shukla v. Kameshwar Singh Darbhanga Sanskrit University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1034 of 2018 =========================================================== Manindra Shukla, Son of Late Kashi Nath Shukla @ Kashi Shukla, resident of Village- Sarupai Tola Khape, P.O.- Jagdishpur, P.S.- Vijayipur, District-Gopalganj. .... .... Petitioner/s

Versus

1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through its Registrar.

2. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Respondent/s : Mr. Awadhesh Prasad Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 09-03-2018 Heard learned counsel for the petitioner and the University.

Learned counsel for the petitioner has confined his argument that the transfer order is bad in view of the Government Policy that transfer should not be adhered to in case of employee is to retire within a year. Other submission as to the jurisdiction has not been pressed by the petitioner in view of the judgment of the Full Bench in L.P.A. No. 965 of 2004.

Mr. Ashok Kumar Mishra, learned counsel for the petitioner submits that the University has intimated the petitioner that the petitioner's case would be considered sympathetically, if the petitioner join the transferred post, his case should be considered for

Patna High Court CWJC No.1034 of 2018 dt.09-03-2018 2/2 retransfer on the ground he is to superannuate within one year. In view of the above, learned counsel for the petitioner submits that the writ application may be disposed of with a direction to the University to consider the case of the petitioner for re-transfer to the place from where he has been transferred in view of the fact that the petitioner is to retire within a year.

In the aforesaid circumstances, the writ application is disposed of with a direction to the Registrar, Kameshwar Singh Darbhanga Sanskrit University to take decision sympathetically in the light of letter no. 209 dated 30.01.2018 within a period of 15 days from the date the petitioner submits his joining to the transferred post and submit his application for re-transfer considering his hardship and also on the fact that the petitioner is to retire within one year. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.03.2018 Transmission Date