Akhileshwar Tiwari v. The B.R.Ambedkar Bihar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18337 of 2014 ====================================================== Akhileshwar Tiwari, Son of Late Ram Dahin Tiwari, Resident of Sri Krishna Nagar, Near LND College, Police Station - Motihari Town, Dist.- East Champaran .... .... Petitioner/s

Versus

1. The B.R.Ambedkar Bihar University through its Vice Chancellor, At & PO Muzaffarpur

2. The Vice Chancellor, B.R. Ambedkar Bihar University, At & PO Muzaffarpur

3. The Registrar, B.R. Ambedkar Bihar University, At & PO Muzaffarpur

4. The Principal Mahanth Shiva Shankar Girls' College, areraj, PO-Areraj, Polcie Station Gobindanj, Dist.-East champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Uma Kant Shukla, Adv. Mr. Shakti Suman Kumar, Adv.

Mr.Pankaj Kumar, Adv.

For the Respondent nos.1to3 : Mr. D. Mukherjee, Sr.Adv. Mr.Arup Kumar Chongdar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-05-2016 Heard the parties.

The petitioner, who claims to have superannuated from service on 09.02.1993 from the post of Principal of Mahanth Shiva Shankar Girls' College, Areraj, has filed the present writ petition for the reliefs enumerated in paragraph 1 read with paragraph 5 of the writ petition.

This writ petition was filed way back on 21.10.2014 after service of its copy upon the learned counsel for the respondents, but till date no counter affidavit has been filed on behalf of the respondents.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition and in view of the fact that no counter has been filed on behalf of the respondents till date, this Court is of the opinion that, instead of keeping the matter pending before this Court, the interest of justice

Patna High Court CWJC No.18337 of 2014 (2) dt.11-05-2016 shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation before the respondent Registrar of B.R.A. Bihar University, Muzaffapur with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a comprehensive representation is filed on behalf of the petitioner with a certified copy of the present order within a period of one month from today, then the respondent Registrar of B.R.A.

Bihar University, Muzaffapur shall be obliged to consider and decide the claims raised on behalf of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the writ petitioner, at an early date, preferably within a period of two months from the date of filing of such representation by the petitioner. If on consideration of the materials and after hearing the parties, the Registrar of B.R.A. Bihar University, Muzaffapur comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims and lawful dues of the petitioner shall be paid without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and it is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

Arvind/- (Birendra Prasad Verma, J) U