The State Of Bihar v. Secretary,Bihar State Up Shas

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1925 of 2011 In Civil Writ Jurisdiction Case No.6534 of 2009 ====================================================== The State Of Bihar through Secretary, Higher Education, Human Resources Department New Secretariat, Patna.

... ... Appellant/s

Versus

1.

Secretary, Bihar State Up Shastri Sanskrit Mahavidayala/College Teachers Association employees, through Babu Kant Jha, Son of Late Jagda Nand Jha Resident of Village - Lahta, Post Office - Lahta, Police Station - Manjaha, District - Darbhanga, At Present Secretary Cashier, Bihar State Up Shahstri Mahavidayalaya Teachers Association Employees 2.

Balmiki Prasad Singh S/O Sri Saligram Prasad Singh R/O Vill.- Sambenho, P.S. S.S. Bariyarpur, P.S. Sambho, District Begusarai 3.

The Registrar, Kameshwar Singh Darbhanga Sanskrit Visvidyalaya, Kameshwar Nagar, Darbhanga 4.

The Vice-Chancellor Kameshwar Singh Sanskrit University Kameshwar Nagar, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Satyavrat, AC to GP-10 For the Respondent/s :

Mr. Abhinav Shrivastav, Advocate Mr. Satyam Shivam Sundaram, Advocate Mrs. Renu Jha, Advocate Mr. Awadhesh Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-12-2020 The instant appeal has been filed against the judgment dated 9th of September, 2011 passed by a learned Single Judge of this Court in C.W.J.C. No. 6534 of 2009, titled as Secretary, Bihar State Up Sastri Sanskrit Mahavidalya/College Teachers Association Employees & Ors. Vs. The State of Bihar & Ors.

Patna High Court L.P.A No.1925 of 2011 dt.18-12-2020 2/3 Shri Satyavrat, learned Assistant Counsel to learned Government Pleader No. 10, has placed on record a communication dated 17.12.2020.

We are of the considered view that the appeal needs to be dismissed, more so for the reason that the judgment rendered by a co-ordinate Bench of this Court in C.W.J.C. No. 11271 of 1992, titled as Narendra Narayan Prasad Vs. The State of Bihar & Ors. has attained finality.

Learned Single Judge simply applied the ratio laid down therein and finding the facts of the writ-petitioner similar to that of the writ-petitioner in the said case, allowed the writ petition, also holding the members of the petitioner association to be entitled to the similar benefits with regard to their age of superannuation to be 62 years instead of 60 years. Also, as we are informed, with the passage of time, now the age of superannuation stands enhanced from 60 to 65 years instead of 62 years.

Be that as it may, on the date of filing of the writ petition, the members of the petitioner association were claiming benefit only up to the age of 62 years to which they would be entitled to under orders of the Court. We further find that the members of the petitioner

Patna High Court L.P.A No.1925 of 2011 dt.18-12-2020 3/3 association have rather served the State well and have since superannuated.

As such, the present appeal, devoid of merit, is dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/P.K.P/ AFR/NAFR CAV DATE Uploading Date 21.12.2020 Transmission Date