Prof. Subhash Chandra Yadav v. The Bhupendra Narayan Mandal University, Laloo Nagar Madhepura Through Its Registrar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16360 of 2014 ====================================================== Prof. Subhash Chandra Yadav, Son of Late Suokhilal Yadav, Resident of 16/49, Professors Colony, Saharsa, P.S. - Saharsa, District - Saharsa. .... .... Petitioner/s

Versus

1. The Bhupendra Narayan Mandal University, Laloo Nagar Madhepura through its Registrar.

2. The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3. The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4. The Pro-Vice Chancellor-cum-Convenor of Claim Cell, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5. The Finance Officer, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

6. The Head of Department of Post Graduate Hindi, West Campus P.G. Centre, Saharsa.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Abhay Shankar Jha, Adv. Mr. Sanjay Kumar Jha, Adv.

For the Respondent/s : Mr. Manish Dhari Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-05-2016 Heard the parties.

The petitioner, who claims to have superannuated on 31.03.2010 from the post of Professor of Hindi of respondent B.N.Mandal University, Laloo Nagar, Madhepura, has filed the present writ petition for the reliefs enumerated in paragraph 1 of the writ petition.

This writ petition was filed way back on 17.09.2014, 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

Patna High Court CWJC No.16360 of 2014 (2) dt.09-05-2016 matter pending before this Court, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation before the respondent Registrar of the University 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 B.N.Mandal Mandal University, Laloo Nagar, Madhepura 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 B.N.Mandal University, Laloo Nagar, Madhepura 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