Punam Sinha v. B.R.A. Bihar University Through Its Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.66 of 2016 IN Civil Writ Jurisdiction Case No. 16413 of 2010 ===========================================================

1. Punam Sinha W/o- Late Dr. Jagdish Prasad Sinha R/o- In Between MIG 26 and 27 (Pvt. Houses) P.O.- Lohiyanagar, P.S.- Patrakakr Nagar, Kankarbagh, Distt- Patna .... Petitioner

VERSUS

1. B.R.A. Bihar University through its Registrar, Muzaffarpur, Bihar.

2. Vice-Chancellor B.R.A Bihar Univesity, Muzaffarpur, Bihar.

3. Registrar, B.R.A. Bihar University Muzaffarpur, Bihar.

4. J.P. University through Its Registrar, Chapra Saran.

5. Vice Chancellor, J.P. University, Chapra, Saran.

6. Registrar, J.P. University, Chapra, Saran. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Nutan Sahay For the State : Mr. Santosh Kumar Jha For J. P. University : Mr. Hansraj Mrigendra =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 18-05-2016 Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel representing Jai Prakash University, Chapra.

The petitioner, in the present application for review of an order of this Court, dated 24.11.2014, passed in CWJC No. 16413 of 2010, seeks clarification with respect to an observation made in the said order.

There is an observation in the order, dated 24.11.2014, that there is no specific pleading in the writ application as to whether the petitioner's husband had ever raised any plea before the authorities for grant of promotion to

Patna High Court C. REV. No.66 of 2016 dt.18-05-2016 2/2 the rank of University Professor.

Learned Counsel for the petitioner submits that this is an error on record inasmuch as it is mentioned in the writ application that the petitioner's husband had applied for promotion to the rank of Professor. Learned Counsel for the petitioner has further submitted that the said observation of this Court is coming in the way of consideration of claim of promotion with retrospective effect to the petitioner's husband, who died while suffering from cancer. In view of the submission advanced and the pleadings on record, it is clarified that the said observation should not come in way of the claim for promotion of the petitioner's husband in the rank of the University Professor. This application stands disposed of with the clarification, as above.

It goes without saying that the petitioner shall be at liberty to avail any legal remedy for redressal of her grievance, including seeking quashing of an order, whereby the claim of promotion to the rank of University Professor has been rejected.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR N. A.

CAV DATE N. A.

Uploading Date 19.05.2016 Transmission Date N.A.