Vidyarthi Kapildeo Nr.Singh v. The Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3405 of 2007 ====================================================== Vidyarthi Kapildeo Narayan Singh , s/o Sri Dwarika Prasad Singh, r/o Gossnagar, P.S. Sarmera, District Nalanda, presently residing at Chondi, P.O. and P.S. - Barh, District - Patna .... .... Petitioner/s

Versus

1. Magadh University, Bodh Gaya, Dt. Gaya , through the Vice Chancellor

2. the Vice Chancellor, magadh University, Bodh Gaya, Gaya

3. the Finance officer, Magadh University, Bodh Gaya, Gaya

4. the Registrar, Magadh University, Bodh Gaya, Gaya

5. The principal , A.N. S. College, Barh, Dt. Patna

6. The State of Bihar through the Secretary Higher Education, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. O.P.Agrawal For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-02-2015 Heard learned counsel for the petitioner and Sri Bipin Kumar, learned counsel, who has appeared on behalf of respondent/ Magadh University.

The petitioner, who retired long back on 30/4/2004 as Reader, Department of Philosophy, A.N.S. College, Barh has filed the present writ petition in the month of March, 2007 with a prayer to direct the respondents to pay his retiral dues. In this case earlier an affidavit was filed on behalf of the University. Since in the counter affidavit no specific averment was made regarding clearance of the retiral dues a bench of this court presided over by Hon'ble the then Chief

Patna High Court CWJC No.3405 of 2007 (16) dt.26-02-2015 2/2 Justice by order dated 4.10.2013 directed the Registrar of the University to remain present in court with all material facts. From the office note it appears that the Registrar / Law Officer of the Magadh University had personally appeared vide his appearance slip. However, no order was passed. Thereafter, on 9.1.2015 there was none appearance of either side. Today again, when the matter was taken up a prayer is being made for granting time for obtaining instruction for filing detailed counter affidavit. Keeping in view the fact that petitioner retired long back in the year 2004, instead of adjourning the case for filing detailed counter affidavit the court proposes to dispose of the present writ petition with a direction to the Registrar of the Magadh University /respondent No. 4 to take all steps for clearing all un -disputed retiral dues of the petitioner within a period of two months from the date of receipt / production of a copy of this order.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U