Tara Devi v. The L.N.Mithila University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20818 of 2014

1. Dr. Yadunandan Yadav Son of Late Siya Yadav, Resident of B-15, First Floor, School Road, Uttam Nagar, P.S.- Bindapur, New Delhi110059

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The L.N.Mithla University, Darbhanga through its Registrar.

4. The Vice Chancellor, L.N.Mithila University, Darbhanga.

5. The Registrar, L.N.Mithila University, Darbhanga. with Civil Writ Jurisdiction Case No.1966 of 2015

1. Fani Bhushan Pandey S/o Jagdish Pandey Resident of Village - laxshmipur (Pandaul), P.S. - Pandaul, District - Madhubani, a Superannuated employee as Lecturer from R.K. College, Madhubani, District - Madhubani.

1. The State of Bihar.

2. The Director, Higher Education, Govt. of Bihar, Patna.

3. The Vice-Chancellor, L.N. Mithila University, Darbhanga.

4. The Registrar, L.N. Mithila University, Darbhanga.

5. The Finance Officer, L.N. Mithila University, Darbhanga.

6. The Principal, R.K. College, Madhubani, District - Madhubani. with Civil Writ Jurisdiction Case No.5784 of 2016

1. Jagdish Mahto Son of Late Banarsi Mahto, Resident of Mohalla- Lal Bagh, P.S.- Darbhanga Town, District- Darbhanga

1. The State of Bihar through Principal Secretary Higher Education Government of Bihar, Patna

2. The Vice Chancellor of LNM University, Darbhanga

3. The Registrar, LNM University, Darbhanga

4. The Finance Officer, LNM University, Darbhanga

5. The Finance Adviser, LNM University, Darbhanga

6. The Principal K.S. College Laheria Sarai, Darbhanga with

2/14 Civil Writ Jurisdiction Case No.10229 of 2016

1. Om Kumar Verma Son of Late Luxmi Narayan Srivastava Resident of Mohalla - Gangwara, P.S. Sadar, District - Darbhanga

1. The Vice Chancellor of L N M University, Darbhanga

2. The Registrar, L N M University, Darbhanga

3. The Finance officer, L N M University, Darbhanga

4. The Financial Advisor, L N M University, Darbhanga with Civil Writ Jurisdiction Case No.11701 of 2016

1. Dr. Narayan Jha son of late Maksudan Jha resident of village Lohana West P.S. Bhairabasthan District - Madhubani.

1. The Lalit Narayan Mithila University Kameshwar Nagar Darbhanga through its Registrar.

2. The Vice Chancellor Lalit Narayan Mithila University Kameshwar Nagar Darbhanga.

3. The Registrar, Lalit Narain Mithila University, Kameshwar Nagar, Darbhanga.

4. The Financial Advisor Lalit Narayan Mithila University Kameshwar Nagar Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. The Pension Officer Lalit Narayan Mithila University Kameshwar Nagar Darbhanga.

7. State of Bihar through the Chief Secretary, Government of Bihar, Patna.

8. Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

9. Director, Higher Education Government of Bihar, Patna. .... .... Respondent/ with Civil Writ Jurisdiction Case No.12381 of 2016

1. Hrishikesh Jha Son of Late Dewanand Jha Resident of Mohalla- R.S. Tank (Rai Saheb Pokhar) Laheria Saai, P.O. Laheria Sarai, Police Station: Bahadurpur, District Darbhanga

1. The State of Bihar

2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna

3. The Vice- Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

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5. The Finance Officer, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

6. The Pension Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

7. The Head of the Department, University (PG), Department of Sanskrit, Lalit Narayan Mithila University, Darbhanga with Civil Writ Jurisdiction Case No.12689 of 2015

1. Prof. Chandra Bhushan Singh Son of Late Rampadarah Singh, Retd. Associate Professor and Head of P.S. Department of Ancient Indian History, L.N.M. University Darbhanga, P.S. and District - Darbhanga.

1. The State of Bihar through Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The Director, Higher Education Govt. of Bihar, Patna.

3. The Vice - Chancellor, L.N.M. University, Darbhanga, P.S. and District - Darbhanga.

4. The Registrar, L.N.M. University, Darbhanga, P.s. and District Darbhanga.

5. The Finance Officer, L.N.M. University, Darbhanga.

6. The Principal, Swargiya Bishwanath Singh Sharma, college (SBSS) college (Old Co-operative College), Begusarai, P.s. and District - Begusarai.

with Civil Writ Jurisdiction Case No.12725 of 2012

1. Tara Devi W/O Late Ram Sewak Nayak R/O Mohalla- Noniyatoli, P.S. And District - Madhubani 1.

The L.N.

Mithila University Through Its Vice-Chancellor Kameshwarnagar, Darbhanga, District- Darbhanga 2.

The Vice-Chancellor Of L.N. Mithila University Kameshwarnagar, Darbhanga, District- Darbhanga 3.

The Registrar Of The L.N. Mithila University, Kameshwaranagar, Darbhanga, District-Darbhanga 4.

The Principal, J.M.D.P.L. Mahila College, Madhubani, DistrictMadhubani with Civil Writ Jurisdiction Case No.13189 of 2015

1. Ram Bhadra Jha, son of Late Bal Krishna Jha, resident of MohallaProfessor Colony Shri Krishnapuri, P.S.- Samastipur (Town), DistrictSamastipur.

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1. The State of Bihar through Commissioner-cum-Secretary, Human Resources Department (Higher Education) Govt. of Bihar, Patna.

2. The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

3. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Principal, ram Nirikshan Atma Ram College Samastipur.

6. The Principal, L.N.J. College, Jhanjharpur. with Civil Writ Jurisdiction Case No.15989 of 2015

1. Dr. Avesh Chandra Jha son of Late Ganesh Chandra Jha resident of Mohalla - Lal Niwas, Station Road, Madhubani, P.S. - Town Madhubani, District - Madhubani.

1. The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Higher Education Department, Govt. of Bihar, Patna.

4. The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, through its Registrar.

5. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

7. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

8. The Principal, C.M. Science College, Darbhanga. with Civil Writ Jurisdiction Case No.20529 of 2014

1. Harsh Nath Mishra son of Late Priti Nath Mishra resident of village + P.O. - Jhanjharpur, Via - Jhanjharpur (R.S.), P.S. - Jhanjharpur, District - Madhubani.

1. Lalit Narayan Mithila University Darbhanga through its Registrar.

2. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga.

3. The Registrar, Lalit Narayan Mithila University, Darbhanga

4. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

5. The State of Bihar through the Principal Secretary, Human Resources Development Department (Higher Education), Old Secretariat, Patna.

5/14 with Civil Writ Jurisdiction Case No.12854 of 2015

1. Indrakala Devi W/o late Ram Karan Singh Resident of Village- Chak, P.o. Sisauni Kothi, P.s Nawkothi, district Begusarai.

1. The State of Bihar

2. The Director, Higher Education, Govt. of Bihar, Patna.

3. The Vice - Chancellor, L.N. Mithila University , Darbhanga.

4. The Registrar, L.N. Mithila University , Darbhanga.

5. The Finance Officer, L.N. Mithila University , Darbhanga.

6. The Principal R.C.S. College ,Begusarai.

with Civil Writ Jurisdiction Case No.13088 of 2016

1. Sujay Kumar Mishra Son of Late Nawal Kishore Mishra resident of Village- Chandauna, Police Station- Jalley, District- Darbhanga

1. The State of Bihar, through the Principal Secretary, Education Department

2. The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat Patna

3. The Lalit Narayan Mithila University , through the Vice- Chancellor, Kameshwa Ngar, Darbhanga

4. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Registrar, Lalit Narayan Mithila University ,Kameshwar Nagar, Darbhanga

6. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

with Civil Writ Jurisdiction Case No.18181 of 2015

1. Krishna Devi, W/o Ram Kumar Prasad Singh, resident of VillageManjhaul, P.S.- Manjhaul, District- Begusarai, retired as Associate Professor from S.K. Mahila College, Begusarai.

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Vice Chancellor, L.N.Mithila University, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

6. The Principal, S.K. Mahila College, Begusarai.

7. The Divisional Manager Life Insurance Corporation, Patna.

6/14 with Civil Writ Jurisdiction Case No.1079 of 2015

1. Sunil Kumar S/o Late Vyas Prasad Singh, Resident of Mohalla - Mirganj, PO. - Begusarai, P.S. -Begusarai Town, District - Begusarai.

1. The State of Bihar.

2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3. The Vice Chancellor, L.N. Mithila University, Darbhanga.

4. The Registrar, L.N. Mithila University, Darbhanga.

5. The Finance Officer, L.N. Mithila University, Darbhanga.

6. The Principal, Co-operative College, Begusarai. with Civil Writ Jurisdiction Case No.13761 of 2016

1. Asha Jha W/o Late Uma Kant Jha R/o RamRup Sadan, Kalisthan, Begusarai.

1. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga.

3. The Registrar, Lalit Narayan Mithila University, Darbhanga.

4. The Principal, Shri Krishna Mahila College, Begusarai. with Civil Writ Jurisdiction Case No.14973 of 2015 Umesh Chandra, son of Late Radha Krishna Das, resident of Mohalla North side of Ray Saheb Tank, Laheriyasarai, Police Station Laheriyasarai, District Darbhanga

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

2. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga

3. The Registrary, Lalit Narayan Mithila University, Darbhanga .... .... Respondent/s with Civil Writ Jurisdiction Case No.11527 of 2015

1. Prof. Kailash Sharma s/o Late Sitaram Singh, Retired Associate Professor, in Deptt. of History Co-operative College (Now SBSS College), Begusarai, R/o Mohalla- Station Road Begusarai, P.S. and

7/14 Distt- Begusarai.

1. The State of Bihar, through Secretary Human Resources Department, Govt. of Bihar, Patna.

2. The Director, Higher Education, Govt. of Bihar, Patna.

3. The Vice Chancellor, L.N.M. University Darbhanga, P.S. and DistrictDarbhanga.

4. The Registrar, L.N.M. University Darbhanga, P.S. and DisttDarbhanga.

5. The Finance Officer, L.N.M. University, Darbhanga P.S. and DisttDarbhanga.

6. The Principal, Swargiya Bishwanath Singh Sharma College, S.B.S.S.) college (Old Co-operative College), Begusarai, P.S. and DisttBegusarai. with Civil Writ Jurisdiction Case No.11699 of 2015

1. Ram Nirbhay Singh son of Late Muneshwar Singh, resident of MohallaSrikrishnapuri Ward No. 5 (Professor Colony) P.S.- Samastipur (Town), District- Samastipur

1. The State of Bihar through Commissioner-cum-Secretary, Human Resources Department (Higher Education), Govt. of Bihar, Patna

2. The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar

3. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

4. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

5. The Principal, Ram Nirikshan Atma Ram College, Samastipur with Civil Writ Jurisdiction Case No.11166 of 2015

1. Kamal Nath Jha son of late Upendra Jha resident of Village+P.O. Barhara, Via-Andhara, P.s Baburahi, district Madhubani.

1. The State of Bihar the Secretary High Education Bihar,Patna.

2. The Vice- Chancellor, Lalit Narayan Mithila University, Darbhanga.

3. The Registrar, Lalit Narayan Mithila University, Darbhanga.

4. Sri Shaket Khushwaha, vice Chancellor, Lalit Narayan Mithila University, Darbhanga.

5. The Pension Officer, Lalit Narayan Mithila University, Darbhanga. with

8/14 Civil Writ Jurisdiction Case No.12825 of 2015

1. Dr. Prabhu Narayan Jha Son of late Tuani Jha Resident of Village Navtol Police Station Lakhnour District Madhubani.

1. The Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga through its Registrar.

2. The Vice Chancellor Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga

3. The Registrar The Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga

4. The Financizal Advisor Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga

5. The Finance Officer Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga

6. The Pension officer, Lalit Narayan Mithila University Kameshwar Nagar ,Darbhanga

7. State of Bihar, through the Chief Secretary Government of Bihar Patna.

8. Principal Secretary Human Resources Development Department Government of Bihar, Patna.

9. Director, Higher Education Government of Bihar Patna. Appearance :

(In CWJC No.20818 of 2014) For the Petitioner/s : Mr. Subhash Chandra Jha For the State : Mr. Pushkar Narayan Shahi, Sr. Adv. Mr. Arvind Ujjwal, SC 4 Mr. Maruth Nath Roy For the University : Mr. Ajay Behari Sinha, Advocate Mr. Nadeem Seraj, Advocate Mr. Chandra Mohan Singh, Advocate Ms. Binita Singh, Advocate (In CWJC No.1966 of 2015) For the Petitioner/s : Mr. Shashi Bhushan Singh For the State : Mr. Rakesh Ambastha, AC to AAG 7 For the University : Ms. Binita Singh (In CWJC No.5784 of 2016) For the Petitioner/s : Mr. Arun Kumar Bhagat For the Respondent/s : Mr. Sanghamitra Ghosh, AC to GP 15 (In CWJC No.10229 of 2016) For the Petitioner/s : Mr. Arun Kumar Bhagat For the Respondent/s : Mr. Chandra Mohan Singh (In CWJC No.11701 of 2016) For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. Gp11- Awanish Nandan Sinha (In CWJC No.12381 of 2016) For the Petitioner/s : Mr. Prafull Chandra Jha Mr. Sameer Ranjan For the Respondent/s : Mr. S.S. Prasad- Sc10 (In CWJC No.12689 of 2015)

9/14 For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the State : Mr. Mahendra Prasad Verma, AC to SC 20 For the University : Mr. Chandra Mohan Singh (In CWJC No.12725 of 2012) For the Petitioner/s : Mr. Chaudhary Prem Kumar Thak For the Respondent/s : Mr. Ajay Behari Sinha (In CWJC No.13189 of 2015) For the Petitioner/s : Mr. Ranjan Kumar For the State : Mr.Anil Kumar Verma (In CWJC No.15989 of 2015) For the Petitioner/s : Mr. Sanjay Kumar Jha For the Respondent/s : Mr. Vipin Kumar Singh, AC to SC 22 For the University : Mr. Santosh Kumar Jha (In CWJC No.20529 of 2014) For the Petitioner/s : Mr. Chandan Jha For the Respondent/s : Mr. Anant Pd. Singh, SC 15 Mr. Avinash Kumar, AC to SC 15 (In CWJC No.12854 of 2015) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Raghwanand, GA 11 (In CWJC No.

13088 of 2016) For the Petitioner/s : Mr. Shailendra Kumar Jha Ms. Neelam Kumari For the Respondent/s : Mr. Jitendra Kr. Roy- Sc13 For the University : Mr. Chandra Mohan Singh (In CWJC No.18181 of 2015) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Ashok Kumar- Sc11 For respondent No. 7 : Mr. Rajeev Ranjan Prasad Mr. Abhishek Singh Mr. Sudhanshu Trivedi Ms. Surabhi (In CWJC No.1079 of 2015) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Aag12 R.N.Dubey (In CWJC No.13761 of 2016) For the Petitioner/s : Mr. Awadhesh Kumar For the Respondent/s : Mr. Kameshwar Kumar-Gp17 Mr. Arbind Kumar, AC to GP 17 (In CWJC No.14973 of 2015) For the Petitioner/s : Mr. Santosh Kumar Verma For the State : Mr. Pushkar Narain Shahi, AAG 6 Mr. Sanjeet Kumar Singh, AC to AAG 6 For the University : Mr.

Chandra Mohan Singh (In CWJC No.11527 of 2015) For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Respondent/s : Mr. Gp20- Nadeem Seraj (In CWJC No.11699 of 2015) For the Petitioner/s : Mr. Ranjan Kumar For the Respondent/s : Mr. Dr. Anshuman- Sc14 (In CWJC No.11166 of 2015) For the Petitioner/s : Mr.

10/14 For the Respondent/s : Mr. Smt. Binita Singh- Gp31 (In CWJC No.12825 of 2015) For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. Prashant Pratap CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-09-2016 In compliance of the order, dated 31.08.2016, an affidavit, sworn by the Chief Secretary, Bihar, has been filed, in which following statement has been made: "5. That it is most important to mention here that the State Government estimated expenditure of Rs.

1,22,30,69,077/- (One Hundred Twenty Two Crores Thirty Lacs Sixty Nine Thousand Seventy Seven Only) towards payment of pension etc. for the year of 2016-17 with the regard of employees of L. N. Mithila University, Darbhanga. It is further stated that out of the aforesaid estimated amount, the State Government has already sanctioned and released amounting to Rs. 24,12,16,401/- to the L.

N. Mithila University for payment of pension etc. vide Memo No. 1096, dated 30.06.2016. It is further stated that rest of the estimated amount is processed for sanction and released."

Mr. P. K. Shahi, learned Additional Advocate General No. 6, submits that if reasonable time is granted, a substantial portion of the amount, which has been allocated

11/14 for the Lalit Narayan Mithila University, Darbhanga, shall be released for payment of post retiral dues of the employees of the Lalit Narayan Mithila University, Darbhanga. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, who is personally present in Court, submits that if an amount of Rs. 50 Crores is released in favour of the Lalit Narayan Mithila University, Darbhanga, within two months from today, he shall expedite payments of pension and other retiral dues in favour of the employees of Lalit Narayan Mithila University, Darbhanga, within a maximum period of one month thereafter. He has submitted that in any event, so far as these petitioners are concerned, their dues shall be cleared within a period of 15 (fifteen) days from the date of receipt of the said amount from the State Government.

Since a very fair stand has been taken on behalf of the respondents-State of Bihar to the effect that the State Government has estimated the expenditure to the tune of Rs. 1,22,30,69,077/-, for the purpose of clearing post retiral dues of the employees of the Lalit Narayan Mithila University, Darbhanga, out of which only Rs. 24,12,16,401/- has been released and rest of the amount shall be released within a reasonable period, I direct the State of Bihar to ensure that a sum of Rs. 50 Crores is

12/14 released to the Lalit Narayan Mithila University, Darbhanga, by 16th November, 2016. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, shall thereafter ensure that all admitted post retiral dues of the employees of the Lalit Narayan Mithila University, Darbhanga, are cleared within a period of one month thereafter.

So far as the petitioners of present batch of cases are concerned, it is directed that they shall be paid their entire admitted dues within a period of 15 (fifteen) days from the date of receipt of the fund from the State Government.

It goes without saying that if any petitioner is left with any grievance after payment is made by the Lalit Narayan Mithila University, Darbhanga, in compliance of this Court's order, he will be at liberty to raise the same before the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, by way of representation, giving details of his claim. If any employee does so by filing a representation within fifteen days from the date the payments are made to him, it will be obligatory for the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, to objectively consider the grievance and pass appropriate order, within a period of one month from the date of such representation. It is indicated that in case of denial of any claim

13/14 raised by any employee, pursuant to the direction of this Court, the Vice Chancellor or any other officer of Lalit Narayan Mithila University, Darbhanga, authorized by him shall be obliged to pass a reasoned order.

It is also indicated that if upon consideration of representation, the Vice Chancellor or any Officer authorized by him, comes to a conclusion that such employee is entitled for any further payment based on his claim, the same shall be paid to him within a period of 45 (forty five) days of such decision.

The Court takes judicial notice of the fact that this Court is flooded with unnecessary writ applications for payment of post retiral dues involving no lis to be adjudicated upon. The Court expects that the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, shall make all endeavor to ensure that legitimate grievance of the employee stand redressed at his level and the employee(s) is (are) not unnecessarily compelled to approach this Court for payment of their legal entitlements. It is further indicated that if it is found that because of the lapse on the part of the officers of the Lalit Narayan Mithila University, Darbhanga, the employee(s) of the University stood denied of his/her legitimate dues, this Court will view it very seriously and consider imposition of

14/14 exemplary cost, which will be directed to be recovered from the pocket of the concerned Officer(s), responsible for delayed payment or non-payment.

Once the amount is received by the University from the State Government, as indicated above, and the same is disbursed among the retired employees of the University, the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, will be obliged to make available to the State Government, a utilization certificate within two months from the date of receipt of such amount. These applications stand disposed of with the observations and directions, as above.

The personal appearance of the Vice Chancellor and the Registrar, Lalit Narayan Mithila University, Darbhanga, stands dispensed with.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T X