Manoranjan Prasad v. Jai Prakash University Chapra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.363 of 2017 ====================================================== Manoranjan Prasad, Son of Late Ram Krishna Prasad, resident of MohallaAgrawal Toli, P.O. + P.S. and District- Siwan. ... ... Petitioner/s

Versus

1. Jai Prakash University Chapra through its Registrar, District- Chapra.

2. The Registrar Jai Prakash University Chapra.

3. The Vice-Chancellor Jai Prakash University Chapra, District- Chapra.

4. BABA Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur through its Registrar, District- Muzaffarpur.

5. The Registrar, B.R.A Bihar University, Muzaffarpur.

6. The Vice- Chancellor BABA Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Shubh Narain Singh, Advocate For theBihar University :

Mr. Vikas Ratan Bharti, Advocate For J.P.University :

Mrs. Soni Srivastaqva, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner, State and counsel appearing for the BRA Bihar University and J.P. University. The grievance of the petitioner is that he has not been granted promotion in accordance with the direction of this Court vide order dated 29.08.2012 passed in MJC No. 4260 of 2011, Annexure-2. It appears from Annexure-3 that office order dated 25.7.2013 was issued in the light of the order of this Court dated 29.8.2012.

Counsel for the respondent-State as well as the Universities submit that in case the petitioner is aggrieved by the fixation of the date of promotion, he may approach the respondents by way

Patna High Court CWJC No.363 of 2017(2) dt.30-11-2017 2/3 of filing a detailed representation and the University will look into the grievance of the petitioner objectively. Considering the fair stand of the respondents, the writ petition is disposed of with liberty to the petitioner to file a detailed representation before the Registrar, BRA Bihar University, Respondent No. 5. In case such a representation is filed within a period of two weeks from today along with a copy of this order, the respondent No. 5 will examine the claim of the petitioner objectively and pass appropriate order on the claim of the petitioner for fixation of the date of promotion. In case the respondent No. 5 finds substance in the claim of the petitioner, he will place the claim of the petitioner before the appropriate authorities of the University and the concerned authorities of the University will pass appropriate order on the claim of the petitioner within a period of three months from the date of filing of such representation.

In case the claim of the petitioner is found maintainable, the necessary monetary and other benefits must reach the petitioner within a further period of two months. Since the writ petition has been disposed of after hearing counsel for the State and counsel appearing on behalf of the J.P.University, if the follow up order is required to be passed by the J.P. University

Patna High Court CWJC No.363 of 2017(2) dt.30-11-2017 3/3 and the State of Bihar, they will also pass appropriate order of ultimate redressal of the grievance of the petitioner during the aforesaid period.

With the aforesaid, the writ petition is disposed of. It is made clear that the pendency of the disposal of the representation by the respondent, B.R.A. Bihar University will not come in the way of J.P.University in making the payment of the monetary benefits accruing to the petitioner on account of the order passed by the BRA Bihar University, as contained in Annexure-3, so far as the share of J.P.Univesity. (Anil Kumar Upadhyay, J) spandey/- U