Hari Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9178 of 2024 ====================================================== Hari Mohan Jha S/o Sitaram Jha, Resident of Village - Rampur, Post - Nawada, via - Baheri, District - Darbhanga, retired as Associate Professor, Department of Economics, J.K.College, Biraul, Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addittional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

Additional Chief Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna. 4.

The Vice - Chancellor, L.N.Mithila University, Darbhanga. 5.

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

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

The Principal, J.K.College, Biraul, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the State :

Mr. Jai Prabhat Kishore, AC to SC13 For the University :

Mr. Nirmal Kumar, Adv.

:

Mr. Umesh Pd., Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

2. The present writ petition has been filed for seeking following reliefs:

(i) For Issuance of an appropriate writ in the nature of Certiorari for quashing the Memo no. 594 dated 20.02.2023 issued under the signature of respondent no.3 with respect to the petitioner by which the appointment of the petitioner and some others has been held illegal and also quashing the Memo no. SC/53/23 dated 22.02.2023 issued by the respondent no. 5 bywhich payment of any benefit has been stopped in view of letter of the State Govt., as the aforesaid order is in teeth of law laid down by

Patna High Court CWJC No.9178 of 2024(4) dt.03-04-2025 2/3 the Hon'ble High Court in Judgment dated 12.01.2024 passed in CWJC No. 9131/2022 and its analogous cases, moreover the petitioner has been absorbed in service keeping in view of the direction of the Hon'ble High Court as well as the Hon'ble Chancellor, Universities of Bihar after following the procedure.

(ii) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent authorities to make payment the pension and pensionary dues of the petitioner with pendentilite interest which is stopped from Feb. 2023, since due to harassing attitude of the respondents the petitioner is being victimized. (iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner's case is squarely covered by the order passed by a co-ordinate Bench of this Court in C.W.J.C. No. 9131 of 2022 and other analogous cases dated 12.01.2024.

4. Considering the aforesaid facts, since the case of the petitioner stands on similar footing to that of the petitioner of C.W.J.C. No.9131 of 2022, there is no requirement to keep pending the present writ application.

5. Considering the fact that petitioner's case is squarely covered by the order passed in C.W.J.C. No. 9131 of 2022, the petitioner is directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No. 9131 of 2022 before the respondent no. 4 (the Vice Chancellor, L.N.

Patna High Court CWJC No.9178 of 2024(4) dt.03-04-2025 3/3 Mithila University, Darbhanga) within two weeks and the respondent no. 4 is directed to consider the case of the petitioner and pass a reasoned and speaking order in accordance with law within one month thereafter, after personally hearing the learned counsel for the petitioner, considering the fact that impugned order(s) as contained in Memo No.594 dated 20.02.2023 has been quashed by a Co-ordinate Bench of this Court.

6. If the petitioner is found entitled for any consequential benefits, the same shall be paid to the petitioner within two months thereafter.

7. Accordingly, this writ petition stands disposed of. (Anjani Kumar Sharan, J) anand/- U