Dr. Syed Hassan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.190 of 2015 Arising out of Civil Writ Jurisdiction Case No. 17159 of 2009 =========================================================== Dr. Syed Hassan Son of Late Maulana Amir Hassan, resident of Ground Floor-1, Basulal Plaze, Indrapuri, Ashiana Road, P.O B.V. College, District- Patna-14 .... .... Petitioner / Appellant

Versus

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

2. Magadh University, Bodh Gaya through the Vice-Chancellor, Magadh University, Bodh Gaya, Bihar.

3. The Registrar, Magadh University, Bodh Gaya. Bihar

4. The Finance Officer, Magadh University, Bodh Gaya, Bihar. .... .... Respondents / Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Hemendra Prasad Singh, Sr. Advocate & Mr. Mohammad Sufiyan and Mr. Thakur Brajesh Singh, Advocates.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 19-06-2017 Heard learned Senior Counsel for the appellant. Perused the impugned order dated 03.11.2014.

The best order which could be passed by the learned Single Judge in the given facts and circumstances has been passed. Even this Court is not inclined to pass any decisive order otherwise in a background which relates to certain claim relating to the period 11th July, 1966 to 21st June, 1991. The Court is further not enthused for the reason that the appellant is a retiree of the year 1999 and only in the

Patna High Court LPA No.190 of 2015 dt.19-06-2017 2/2 year 2002 he took the first nimble step to make out a case for certain claims relating to his earlier period of engagement in another institution or University and not the University where he worked and superannuated. Such stale and much belated claim raised by the retired employee does not encourage the Court to reach out to him as if the Court is available according to the convenience of a litigant. The learned Single Judge has already given specific directions for payments of accepted dues from the University. But if that does not satisfy the appellant, he has freedom to approach the Civil Court of competent jurisdiction as permitted by the learned Single Judge.

The appeal is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.06.2017 Transmission Date N/A