Bina Singh v. The Vice Chancellor Tilkamanjhi Bhagalpur University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13094 of 2014 ====================================================== Bina Singh Daughter of Late Sitaram Singh, Resident of T.N. Sinha Road, Court Area, Adampur Police Station - Adampur District - Bhagalpur. .... .... Petitioner/s
Versus
1. The Vice Chancellor Tilkamanjhi Bhagalpur University , Bhagalpur.
2. The Pro-Vice Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur.
3. The Registrar, TilkaManjhi Bhagalpur University Bhagalpur.
4. The Financial Advisor, Tilkamanjhi Bhagalpur University, Bhagalpur.
5. The Financial Officer, Tilkamanjhi Bhagalpur University, Bhagalpur.
6. The Principal, Bhagalpur National College Bhagalpur.
7. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
8. The Deputy Secretary, Education Department, Government of Bihar, Patna.
9. The Director, Higher Education, Education Department, Government of Bihar, Patna.
10. The Deputy Director, Higher Education, Education Department, Government of Bihar, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar For the Respondent No.1 to 5 : Mr. Mr. Amarendra Kumar For the Respondent No. 7 to 10: Mr. Rakesh Ambastha, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-05-2016 Heard the parties.
The petitioner, who claims to have retired from service on 31.05.2008 from Bhagalpur National College, Bhagalpur, a constituent unit of Tilkamanjhji Bhagalpur University, Bhagalpur, has filed the present writ petition for the reliefs enumerated in paragraph-1 of the writ petition. In the whole writ petition, no
Patna High Court CWJC No.13094 of 2014 (2) dt.05-05-2016 2/3 document has been furnished by the petitioner showing therein that for redressal of her valid grievances, she approached the authorities of the respondent University.
Though, the writ petition was filed way back on 01.08.2014, but till date no counter-affidavit has been filed on behalf of the respondents.
In view of the nature of 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 respondents, this Court is of the opinion that instead of keeping the matter pending before this Court awaiting counter-affidavit from the respondents, 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 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 within a period of one month from today with a certified copy of the present order, then the respondent Registrar of the University shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the 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 the University comes to a conclusion that claims raised on behalf of the petitioner are admissible to her, then
Patna High Court CWJC No.13094 of 2014 (2) dt.05-05-2016 3/3 consequential order for grant of such admissible claims shall also be issued and lawful dues of the petitioner shall be paid to her without any unnecessary further delay.
The writ petition stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) BTiwary/- U