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Patna High CourtMJC/2791/2015disposed

Shamima Akthar v. The T.M.Bhagalpur Universitythrough Its Registrar Namely Dr. Md. Gulam Mustafa And ORS

2018-12-12Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2791 of 2015 In Civil Writ Jurisdiction Case No.14824 of 2013 ====================================================== Shamima Akthar, wife of Late Md. Shamsul Haque Moti @ Md. Shamsul Haque, R/o Village - Fatehpur, P.S. - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

1. The T.M. Bhagalpur University, Bhagalpur, through Its Registrar, namely Dr. Md. Gulam Mustafa.

2. Dr. R.S.D. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.

3. Dr. A. K. Roy, P.V.C., T.M. Bhagalpur University, Bhagalpur.

4. Mr. B.P. Verma, F.O., T.M. Bhagalpur University, Bhagalpur.

5. Dr. Kalam Ahmad, Principal, Sabour College Sabour, District - Bhagalpur.

6. Mr. S. K. Jha, State Govt. Auditor at T.M. Bhagalpur University, Bhagalpur.

7. The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna, namely Mr. R. K . Mahajan IAS.

8. The Director, Higher Education Department, Government of Bihar, New Secretariat Patna namely Prof. Dr. Khalid Mirja

9. Mr. M. Ansari, L.I.C., Sr. Division Manager, Patna -1 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Sri Purushottam Kumar Jha, Advocate For the Opposite Parties :

Sri Sita Ram Yadav, G.P. 16 Sri Abhimanyu Vats, Advocate Sri Ashar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-12-2018 Heard Sri Purushottam Kumar Jha, learned counsel for the petitioner, Sri Sita Ram Yadav, learned G.P. No. 16, Sri Abhimanyu Vats, learned counsel appearing on behalf of the newly added opposite party / L.I.C. of India and Mr. Ashar Mustafa, learned counsel for Tilka Manjhi Bhagalpur University

Patna High Court MJC No.2791 of 2015(18) dt.12-12-2018 2/3 [ hereinafter referred to as the " University"]. Mr. Mustafa submits that due to some personal work he was out of Station and only yesterday he has returned back and due to communication gap he failed to instruct the Registrar to remain present in court otherwise on last date in compliance with the earlier order the Registrar of the University had appeared and filed his appearance before the Registrar General of the Patna High Court. He further submits that order of the writ court has already been complied with in its letter and spirit which fact was earlier stated in its show -cause. Only dispute was in respect to payment of amount of group insurance.

He submits that earlier in its show cause it was stated that the claim amount of the petitioner was credited to the Account of the University so that University may send those amount to the Account of the petitioner. Mr. Ashar Mustafa submits that University has already transferred the said amount to the Account of the petitioner which fact was not disputed by Sri Purushottam Kumar Jha, learned counsel for the petitioner. However, he raised a new point that some part of the contribution has not been paid by the University to the petitioner.

Considering the facts and circumstances and order

Patna High Court MJC No.2791 of 2015(18) dt.12-12-2018 3/3 passed by writ court, I am of the opinion that there is no need to further keep the matter pending.

The contempt petition stands disposed of.

(Rakesh Kumar, J) praful/- U