Anita Jha v. The B. N. Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8493 of 2016 ====================================================== Anita Jha W/O Late Binod nand Jha, R/O- Hatiya Gachi, Ward No. 32, P.S.- Saharsa, Town andDistrict- Saharsa.

... ... Petitioner/s

Versus

1.

The B. N. Mandal University 2.

The Vide-Chancellor, B.N. Mandal University. Madhepura 3.

The University Selection Committee, B.N. Mandal University, Madhepoura, through its Chairman-cum-th 4.

The Registrar, B.N. Mandal University, Madhepura 5.

The Finance Officer, B.N. Mandal University, Madhepura 6.

The finance officer, B.N. Mandal University, Madhepura 7.

The Principal R.M. College, Saharsa, District-Saharsa. 8.

The State of Bihar, Through the Principal Secretary, Education Department, Government of Bihar, Pat 9.

The Director, Higher Education Department, Govt. Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Respondent/s :

Mr. Jawahar Pd. Karn, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-08-2024

1. Heard learned counsel for the parties concerned.

2. The present writ application has been filed for a direction to the respondent-authorities, including the B. N. Mandal University, to grant promotion to the husband of the petitioner on the post of Reader under 10 years Time Bound Promotion Scheme w.e.f. 15.12.1988 with all consequential and monetary benefits.

3. Learned counsel for the petitioner submits that the petitioner's husband was denied Time Bound Promotion

Patna High Court CWJC No.8493 of 2016(10) dt.12-08-2024 2/3 on the ground that his date of substantive appointment has been changed by the University. He relies upon the judgment of this Court in the case of similarly situated teachers, bearing CWJC No. 15552 of 2010, disposed on 16.03.2012. The petitioner has already filed detailed representation before learned Vice Chancellor of the University by Annexure-9 series, but the same has not been disposed.

4. Keeping in mind the nature of prayer made in the writ application, I feel it expedient to dispose the writ application by directing learned Vice Chancellor of the B. N. Mandal University to dispose the representation of the petitioner in accordance with law and taking into consideration the judgment passed by this Court, in the case of similarly situated teachers.

5. Learned Vice Chancellor of the B. N. Mandal Univeristy shall also be required to give opportunity of personal hearing to the petitioner and/or his lawyer.

6. The petitioner shall be at liberty to file supplementary documents and/or representation or any other relevant materials before learned Vice Chancellor of the University within a period of 15 days from today.

Patna High Court CWJC No.8493 of 2016(10) dt.12-08-2024 3/3

7. The representation shall be disposed within a period of three months from the date of filing of the representation/documents by the petitioner.

8. It is made clear that if the petitioner's husband is found entitled to be given promotion as per Time Bound Promotion Scheme, the consequential benefits shall be granted to the petitioner within a period of one month from the date of disposal of the representation.

9. With the aforesaid observations and directions, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U