Dr. Sunil Kumar Yadav And ORS v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3854 of 2016 ======================================================

1. Dr. Sunil Kumar Yadav son of Late Tarni Prasad Yadav presently working as Head of the Department of Philosophy, Parwati Science College, Kirti Nagar Madhepura, P.S. & District Madhepura.

2. Dr. Raj Kumar son of Shri Jagdish Lal Das presently working as Head of the Department of Zoology, Parwati Science College, Madhepura, P.S. & District Madhepura.

3. Dr. Ravindra Prasad Yadav son of Sukhdeo Prasad Yadav presently working as Senior lecturer Department of History, Parwati Science College Madhepura, P.S. & District- Madhepura.

4. Dr. Madhusudan Prasad Yadav son of Late Kanik Lal Yadav presently working as Senior lecturer Department of Chemistry, Parwati Science College Madhepura, P.S. & District- Madhepura.

5. Dr. Quazi Moizur Rahman son of Quazi Abdul Quasim presently working as Head of the Department of Political Science, Parwati Science College Madhepura, P.S. & District- Madhepura.

6. Dr. Dhirendra Kumar son of Late Parmeshwari Prasad Yadav, presently working as Head of the Department of Maithili, Parwati Science College Madhepura, P.S. & District- Madhepura.

7. Dr. Ram Chandra Prasad Mandal son of Late Amleshwar Prasad Mandal, Head of the Department of Psychology, Parwati Science College, Kirti Nagar, Madhepura.

8. Dr. Yogendra Mandal son of Late Boua Lal Mandal, presently working as Senior lecturer Department of Political Science, T.P. College, Madhepura, P.S. & District- Madhepura.

9. Dr. Rajendra Prasad Sah Rajan son of late Bhuvaneshwari Sah presently working as Associate Professor Parwati Science College Madhepura, P.S. & District Madhepura.

10. Dr. Jai Krishna Kumar son of Shri Tilkeshwar Prasad Yadav Head of the Department of Botany, B.N.M.V. College, Sahugarh Madhepura P.S. & District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3. Director, Higher Education, Government of Bihar, Patna.

4. B.N. Mandal University, Laloo Nagar Madhepura, through its Registrar.

5. Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

6. Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

7. Financial Advisor, B.N. Mandal University, Laloo Nagar, Madhepura.

8. Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binodanand Mishra, Advocate For the State : Mr. Shailendra Kumar, AC to GP-5

Patna High Court CWJC No.3854 of 2016 (2) dt.17-01-2018 2/3 For the University : Mr. Shashi Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the University. Mr. Binodanand Mishra, learned counsel appearing on behalf of the petitioners submits that the issue raised in the present writ petition is no more res integra. In fact, a coordinate Bench of this court has already decided the issue in C.W.J.C. No. 1149 of 2010 dated 20.08.2014.

In view of the above, writ petition is disposed of with direction to the respondent University to decide the claim of the petitioners in the light of the decision of this court in C.W.J.C. No. 1149 of 2010 dated 20.08.2014.

In the event, the case of the petitioners is found similar to the case of the petitioner in C.W.J.C. No. 1149 of 2010 dated 20.08.2014, the respondent University is required to extend similar benefit to the petitioners. Such decision must be taken by the respondent University within a period of sixty days from the date of receipt/production of a copy of this order. This order is passed in presence of counsel for the State. It is needless to say that the State is required to provide fund

Patna High Court CWJC No.3854 of 2016 (2) dt.17-01-2018 3/3 for payment to the petitioners in compliance of the direction of this court.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U