Bala Singh v. The Veer Kuer Singh University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21616 of 2014 ====================================================== Bala Singh, Son of Late Nathuni Singh, resident of Ekauna, P.O- and P.SBaraham, District - Bhojpur. .... .... Petitioner/s
Versus
1. The Veer Kuer Singh University through its Registrar having its office near Japani Farms, P.S- Ara Nawada, District - Bhojpur.
2. The Vice Chancellor, V.K.S. University having office Near Japani Farm, P.S. Ara Nawada.
3. The Registrar, V.K.S University, having its office near Japani Farm, P.SAra nawada, District - Bhojpur.
4. H.D Jain College, Ara through its Principal having office at Ara, P.S- Ara Nawada, District - Bhojpur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. A.B.Ojha, Sr.Adv. For the Respondent nos.1to3 : Mr. P.K.Verma, Sr.Adv. Mr.Kinkar Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 13-05-2016 Heard the parties.
The petitioner, who claims to have superannuated from service on 30.11.1999 from the post of Lecturer in Chemistry of H.D.Jain College, Ara, a constituent unit of Veer Kuer Singh University, Ara, has filed the present writ petition for grant of the reliefs, as enumerated in paragraph 1 of the writ petition. This writ petition was filed way back on 17.12.2014 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 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 shall be sub-served, if the petitioner is granted liberty to file a fresh
Patna High Court CWJC No.21616 of 2014 (2) dt.13-05-2016 comprehensive representation before the respondent Registrar of the University (respondent no.3) 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 fresh 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 Veer Kuer Singh University, Ara 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 respondent Registrar of Veer Kuer Singh University, Ara 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