Jagdish Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7516 of 2023 ====================================================== Jagdish Chandra Son of Shyam Narayan Yadav Resident of Ward No.20, New Market Naya Bazar, P.S. and District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna. 2.

The Additional Chief Secretary, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna.

3.

The Hon'ble Chancellor of Bihar, Raj Bhawan, Patna. 4.

The B.N. Mandal University. Madhepura through its Registrar. 5.

The Registrar, B.N. Mandal University, Madhepura. 6.

The Vice Chandellor, B.N. Mandal University, Madhepura. 7.

The Finance Officer, B.N. Mandal University, Madhepura. 8.

The Purnea University, Purnea through its Registrar. 9.

The Registrar, Purnea University, Purnea.

10.

The Vice Chancellor, Purnea University, Purnea. 11.

The Finance Officer, Purnea University, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyank Deepak, Advocate For the State :

Mr. Madhukar Mishra AC to SC-16 For Respondent-3 :

Mr. Janardan Pd. Singh, Sr.Adv.

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For Respondent 8 to 11 :

Mr. Rakesh Kumar Samarendra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned counsels for the respondents.

2. This writ petition has been filed for following reliefs:- i. For a direction on the respondents to consider the case of petitioner for absorption with all consequential benefit on the post of Lecturer with effect from date of initial appointment i.e.

Patna High Court CWJC No.7516 of 2023(2) dt.20-11-2024 2/3 15.1.1986 in terms of Regularization Statute dated 29.1.1986.

ii. For a direction on the respondents to consider promotion of the petitioner to the post of Reader and Professor under time bond promotion scheme or under Career Advancement Scheme on due dates with consequential benefits.

iii. For a direction on the respondents to pay the petitioner difference of salary along with delayed interest on account of promotion to the post of Reader and Professor on due dates.

iv. For a direction on the respondents to act upon the auditor's remark of pay verification cell of Education Department and to fix the salary of the petitioner in 7th PRC with effect from date of initial appointment and due date of subsequent promotions.

v. For a direction on the respondents to refix the pensionary benefit of the petitioner including pension, gratuity and leave encasement amount and to pay difference thereto along with Statutory and delayed interest from due date of payment to actual date of payment.

vi. For any other relief/reliefs to which petitioner is found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that in this connection, petitioner has already filed appeal before the Hon'ble Chancellor on 01.07.2020 (Annexure -7), but till date, no order has been communicated to the petitioner on his appeal.

4. Considering the nature of grievance, the writ petition is disposed of granting liberty to the petitioner to file

Patna High Court CWJC No.7516 of 2023(2) dt.20-11-2024 3/3 fresh appeal before the concerned respondent i.e. Respondent no. 3/Hon'ble Chancellor of Bihar Universities within a period of six weeks from today.

5. If such application is filed within stipulated time, the concerned respondent is expected to disposed of the same within a period of six months from the date of filing of such appeal.

6. With above observation and direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay U