Dr. Dharam Prakash v. The Patna University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13779 of 2014 ====================================================== Dr. Dharam Prakash son of Late Kuldeep Narayan, R/o Gujari Bazar, P.S.- Khajekala, District- Patna, at present R/o Bhagwat Nagar, P.S.- Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

1. The Patna University.

2. The Vice Chancellor Patna University, Patna.

3. The Registrar, Patna University, Patna.

4. The Controller of Examination, Patna University, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Murari Mishra For the Respondent/s : Mr. Digvijay Singh Mr. B.J. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-05-2016 Heard the parties.

The petitioner, who claims to have retired from service on 30.06.2013 from the post of Professor of Science College under Patna University, Patna, has filed the present writ petition for the reliefs enumerated in paragraph-1 of the writ petition. The learned counsel appearing on behalf of the petitioner submits that during the pendency of the writ petition some of the grievances have been redressed, yet some other lawful dues are yet to be paid by the respondents.

This writ petition was filed way back on 08.04.2014, but no counter-affidavit has been filed on behalf of the respondents. In view of the nature of grievances raised on behalf of the petitioner in the present writ petition and in view of the fact that counter-affidavit has not been filed on behalf of the respondents, this Court is of the opinion that instead of keeping the matter pending before this Court awaiting for the counter-

Patna High Court CWJC No.13779 of 2014 (2) dt.06-05-2016 2/2 affidavit from the respondents, the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive representation with respect to surviving claims before the respondent Registrar of the University with all supporting documents and raising all the pleas which have been raised in the present writ petition. It is ordered accordingly. If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent Registrar of the University shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the petitioner, at an early date preferably within a period of two months from the date of filing of such representation by the petitioner.

If on consideration of the materials and after hearing the parties, the respondent Registrar of the University comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then consequential order for grant of such admissible claims shall also be issued and lawful dues of the petitioner shall be paid to him without any unnecessary further delay.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U