Prof. Satya Narayan Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13198 of 2014 ====================================================== Prof. Satya Narayan Thakur, Retired as Head of the Department of History (P.S.) Son of Late Sri Hari Narayan Thakur, Retired as Head of the Department of History ( P.G.), Lalit Narayan Mithila University, Darbhanga Resident of Mohalla- Professor Colony, Dighee West, Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Higher Education, Govt. of Bihar, Patna.

2. The Vice Chancellor, L.M. Mithila University, Darbhanga.

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

4. The Finance Officer, L.N. Mithila University, Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratan Kumar Komar, Adv. For the Respondent no.1 : Mr. Kuber Pathak, AC to SC-14 For the Respondent nos.2to4: Mr.Chandra Mohan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-05-2016 Heard the parties.

The petitioner, who claims to have retired from service on 30.09.2013 from the post of Head of the Department of History (P.G.) from the respondent L.N.Mithila University, 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 02.08.2014, but till date no counter affidavit has been filed on behalf of the respondent nos.2 to 4, against whom the main grievances have been raised. However, a formal counter affidavit has been filed on behalf of the respondent no.1 stating therein that the sufficient funds have been released in favour of the respondent University for payment of lawful dues of the employees.

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 affidavit has been filed on behalf of the

Patna High Court CWJC No.13198 of 2014 (2) dt.06-05-2016 contesting respondent nos.2 to 4 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 comprehensive representation before the respondent Registrar of L.N.Mithhila University, Darbhanga 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 L.N.Mithhila University, Darbhanga 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 L.N.Mithhila University, Darbhanga 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.

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

Arvind/- (Birendra Prasad Verma, J) U