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Patna High CourtCWJC/11895/2021disposed

Narayan Paswan v. The State Of Bihar

2023-05-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11895 of 2021 ====================================================== 1.

Narayan Paswan S/o Vikau Paswan, Resident of Durgauli Manpaur, Khirhar P.S.-Harlakhii, District-Madhubani Presently Retired as Correspondence Clerk, K.V.S. College, Uchaith, Benipatti, Madhubani. 2.

Raghwindra Pathak S/o Dinesh Pathak, Resident of Dhanauja, Lorika P.S.- Madhubani, District-Madhubani Presently Working IVth Grade Employee, K.V.S. College, Uchaith, Benipatti, Madhubani. 3.

Devendra Mahto S/o Sukdeo Mahto Resident of Khanaua, Ward No. 4, P.O.- teoth P.S.-Benipatthi, District-Madhubani, Presently Working IVth Grade Employee, K.V.S. College, Uchaith, Benipatti, Madhubani. 4.

Ram Chandra Marar S/o Nirdhan Mandal Resident of Salempur P.S.-Madhubani, District-Madhubani Presently Working IVth Grade Employee, K.V.S. College, Uchaith, Benipatti, Madhubani. 5.

Amar Nath Chaudhary, S/o Shobhakant Chaudahry Resident of Village-Loriika, P.S. Madhubani, District-Madhubani, Presently Working IVth Grade Employee, K.V.S. College, Uchaith, Benipatti, Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Higher Education, Govt. of Bihar, Patna. 3.

The Vice -Chancellor, L.N.Mithila University, Kameshwar Nagar, Darbhanga. 4.

The Financial Advisor, L.N.Mithila University, Kameshwar Nagar, Darbhanga. 5.

The Registrar, L.N.Mithila University, Kameshwar Nagar, Darbhanga. 6.

The Finance Officer, L.N.Mithila University, Kameshwar Nagar, Darbhanga. 7.

The Principal, K.V.S. College, Uchaith, Benipatti, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Mr. Ram Vinay Pd Singh, AC to GA XII For the Respondent / University: Mr. Ritesh Kumar, Adv. Ms. Alka Verma, Adv.

Mr. Md. Nadim Seraj, Adv.

======================================================

Patna High Court CWJC No.11895 of 2021(4) dt.04-05-2023 2/3 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-05-2023 I.A. No. 1 / 2023 The present interlocutory application has been filed for deletion of the name of the petitioner no.1 / Narayan Paswan, who died on 08.12.2022 during pendency of this writ application, leaving behind his legal heirs, whose details are mentioned in paragraph no. 3 of the interlocutory application. Taking into consideration the submission made by learned counsel for the petitioners and the nature of prayer made in the interlocutory application, the same is allowed. Accordingly, name of the petitioner no. 1- Narayan Paswan is directed to be expunged from the array of parties and in his place his legal heirs, whose details are mentioned in paragraph no.- 3 of the interlocutory application is substituted. Petitioners have filed the present writ application for a direction to the respondent - L.N. Mithila University as well as State to make payment of arrears of salary of the petitioners for the period July, 2013 to March, 2018.

The petitioner no. 1 was appointed in the K.V.S. College, Uchaith, Benipatti, Madhubani in the year 2012 on the post of Correspondence Clerk and the petitioner nos. 2, 3, 4 & 5 were appointed on Class IV post.

Patna High Court CWJC No.11895 of 2021(4) dt.04-05-2023 3/3 Learned counsel for the petitioners referring to Annexure- 6, which is an order passed by a Co-ordinate Bench of this Court in C.W.J.C. No. 9610 of 2017 dated: 07-03-2018 submits that the case of the petitioners is fully covered by the said order, which has not been disputed by learned counsel appearing for the L.N. Mithila University as well as State. Regard being had to the submission made by the parties, the present writ application is disposed of exactly in terms of the order dated: 07-03-2018 passed in C.W.J.C. No. 9610 of 2017.

(Anil Kumar Sinha, J) praful/- U