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Patna High CourtCWJC/6661/2011disposed

Dr.Sachidanand Prasad v. The T.M.Bhagalpur University And

2016-03-168 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2689 of 2011

1. Dr.Satya Brat Singh S/O Late Awadh Narain Singh R/O 102, Nawab Colony, Police Line Road, P.S. - Tilkamanjhi, Town And District - Bhagalpur

2. Dr. Ranjan Kuamr Sinha, S/O Shital Prasad Sinha R/O L-2, Godavari Apartment, Professor'S Colony, Lal Bagh, Sarai, P.S. - Tatarpur, Town & District - Bhagalpur

3. Dr. Parshuram Das, s/o Late Prabhu Das, resident of Lalu Chak, P.S. - Ishakchak, Town & District- Bhagalpur

4. Dr. Kiran Singh W/O Dr. Satya Brat Singh, R/O Of 102, Nawab Colony, Police Line Road, P.S. - Tilkamanjhi, Town And District - Bhagalpur

1. The T.M.Bhagalpur University, Bhagalpur, Through Its Registrar

2. The Vice Chancellor, T.M.Bhagalpur University , Bhagalpur

3. The Finance Advisor, T.M. Bahgalpur University, Bhagalpur

4. The Registrar, T.M. Bahgalpur University, Bhagalpur

5. The Finance Officer, T.M. Bahgalpur University, Bhagalpur

6. The State Of Bihar through the Principal Secretary, Human Resources Development of Govt. Of Bihar, Main Secretaria, Patna

7. The Director, Higher Education, Human Resources Development Department, Government of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.4045 of 2011

1. Dr. Balkrishna Jha S/O Late Shaileshwar Jha R/O Vill.- Rajpur, P.S.- Belhar, Distt.- Banka

2. Dr. Anirudh Thakur S/O Shri Prem Lal Thakur R/O Vill. + PostRudrapur, P.S.- Andhrathari, Distt.- Madhubani

3. Dr. Basant Kumar Jha S/O Sri Yogendra Jha R/O Vill. + Post- Balha (North), P.S.- Rajnagar, Distt.- Madhubani

4. Dr. Ajay Kumar Jha S/O Sri S.K. Jha R/O Vill.- Shirnia, P.S.- Gogri, Distt.- Khagaria

5. Dr. Kailash Pandey 'Vimal' S/O Late Surya Bansh Pandey R/O Qr. No. P/15, Professor'S Colony, Lal Bagh, Sarai Road, P.S.- Tatarpur, Town & Distt.- Bhagalpur

6. Dr. Bahadur Mishra S/O Late Govind Mishra R/O MohallaVikramshila Colony, P.S.- Tatarpur, Town & Distt.- Bhagalpur

3. The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur

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6. The State Of Bihar through the Principal Secretary Human Resources Development Department, Government of Bihar, Main Secretariat, Patna

7. The Director, Higher Education Human Resources Development Department, Government of Bihar, New Secretariat, Patna

8. The Incharge, State Government Auditors Team Posted At T.M. Bhagalpur University, Bhagalpur Civil Writ Jurisdiction Case No.15474 of 2010 Amrendra Kumar Singh S/O Late Sri Bhola Prasad Singh Reader In The Department Of Economics, Dev Sundari Memorial College, Jhajha, P.S.- Jhajha, Distt.- Bhagalpur

1. The Tilka Manjhi Bhagalpur University through Its Registrar

2. The Vice Chancellor Tilka Manjhi Bhagalpur University, Bhagalpur

3. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur

4. The State Of Bihar Through The Secretary Higher Education, Bihar, Patna

5. The Secretary, Higher Education, Bihar, Patna Civil Writ Jurisdiction Case No.16935 of 2010 Anant Kumar Jha S/O Sri Basuki Nath Jha R/O Sabour,P.S.Sabour, DisttBhagalpur

1. The T.M.Bhagalpur University , Bhagalpur Through Its Registrar

2. The Vice Chancellor , T.M.Bhagalpur University Bhagalpur

3. The Registrar, T.M.Bhagalpur University Bhagalpur

4. The Finance Officer, T.M.Bhagalpur University Bhagalpur

5. The Principal , Sabour College Sabour, Distt-Bhagalpur

6. The Principal , Human Resources Development Department Government Of Bihar, New Secretariate, Patna

7. The Director, Higher Education, Human Resources Development Department Government Of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.16968 of 2010 Bihari Lal Tekriwal S/O Late Ganga Prasad Tekriwal R/O Nadai Tola,

3/8 P.S.Kahalgaon,, Distt-Bhagalpur

1. The T.M.Bhagalpur University , Bhagalpur Hrough Its Registrar

2. The Vice Chancellor , T.M.Bhagalpur University Bhagalpur

3. The Registrar, T.M.Bhagalpur University Bhagalpur

4. The Finance Officer , T.M.Bhagalpur University Bhagalpur

5. The Principal , Sabour College Sabour, Distt-Bhagalpur

6. The Secretary, Human Resources Development Department Government Of Bihar, Patna

7. The Director, Higher Education, Human Resources Development Department Government Of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.17060 of 2010 Rama Nand Jha S/O Late Bhagirath Jha Vill.- Bhramarpur, P.S.- Bihpur, Distt.- Bhagalpur

2. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

3. The Registrar, T.M. Bhagalpur University, Bhagalpur

4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur

5. The Principal, J.P. College, Narayanpur, Distt.- Bhagalpur

6. The Principal Secretary Human Resources Development Department, Government Of Bihar, New Secretariat, Patna

7. The Director, Higher Education Human Resources Development Department, Government Of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.17171 of 2010 Dr. Sahitya Nand Jha S/O Sri Indra Narain Jha R/O Rahul Nagar, P.S.- Sultanganj, Distt.- Bhagalpur

1. The T.M. Bhagalpur University, Bhagalpur Through Its Registrar

2. The Vice Chancellor T.M. Bhagalpur University, Bhagalpur

3. The Registrar, T.M. Bhagalpur University, Bhagalpur

4. The Finance Officer T.M. Bhagalpur University, Bhagalpur

5. The Principal, Morarka College, Sultanganj, Distt.- Bhagalpur

6. The Secretary Human Resources Development Department, Government Of Bihar, Patna

7. The Director, Higher Education Human Resources Development

4/8 Department, Government of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.4652 of 2011

1. Dr. Rewati Raman Lal Das Son Of Late Hari Kinkar Das Resident Of Red Cross Road, West Of Registry Office, Adampur, P.S.- Adampur, Town & District- Bhagalpur

2. Dr. Upendra Sah Son of Late Baldeo Sah Resident of Qr. No. P /15, Professor's Colony, Lal Bagh, Sarai Road, P.S. - Tatarpur, Town & District- Bhagalpur

3. The Pro-Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

4. The Registrar,T.M. Bhagalpur University, Bhagalpur

6. The State Of Bihar through the Principal Secretary, Human Resources Development Department Government Of Bihar, Main Secretariat, Patna

7. The Director, Higher Education, Human Resources Development Department , Government Of Bihar, New Secretariat, Patna

8. The In-Charge, State Government Auditors Team Posted At T.M. Bhagalpur University, Bhagalpur Civil Writ Jurisdiction Case No.5590 of 2011

1. Dr.Jai Prakash Narayan son of Late Jugal Bihari Prasad Sinha, Reader, Department of Zoology

2. Ram Shankar Prasad Bhagat, son of Sri Chhakauri Bhagat, Reader, Department of Commerce.

3. Ram Niwash Gupta, s/o Lt. Sri Niwas Gupta, Reader, Dept. of Commerce

4. Dr. Mukul Kumar Sinha, s/o Late R.P.Sinha, Reader, Dept of History

5. Dr. Sarveshwar Prasad Verma, son of Late Bindeshwari Prasad, Reader, Department of Economics.

6. Dr. Prabhash Prasad Verma, son of Late Sita Ram Verma, University Professor, Department of Hindi

7. Shibnandan Mandal, son of Late Jhari Mandal, Lecturer, Dept of English

8. Kaushlesh Jha, son of Late Uma Kant Jha, Reader, Department of Physics

9. Choudhary Rajiv Nayan, son of Sri Ramashray Choudhary, Reader, Department of Chemistry

10. Dr. Md. Abu Obaida "Johar", son of Late Md. Mujtaba, Reader, Department of Zoology

5/8

11. S. Rashid Ahmad, s/o Late S.M. Obaidul Haque, Reader, Dept of Urdu

12. Dr. Lala Nigam Prasad, son of Late Swami Dass, University Professor, Department of Commerce

13. Dr. Abdur Rahman, son of Late Abdul Mannan, Reader, Dept of Botany

14. Kali Krishna Bose, s/o Late Nitya Charan Bose, Reader, Dept of Physics

15. Shabbir Hassan, son of M.M.Hasan, Reader, Department of Botany All of R.D. & D.J. College, Munger, P.S. Kashim Bazar Town and District- Munger

3. The Pro-Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

6. The Principal R.D. & D.J. College, Munger, P.S. Kashim Bazar, Town and District- Munger

7. The State Of Bihar through the Principal Secretary, Human Resources Development Department Government of Bihar, Main Secretariat, Patna

8. The Director, Higher Education, Human Resources Development Department , Government Of Bihar, New Secretariat, Patna

9. The In-Charge, State Government Auditors Team Posted At T.M. Bhagalpur University, Bhagalpur Civil Writ Jurisdiction Case No.6661 of 2011 Dr.Sachidanand Prasad, son of Late Suryadeo Prasad, Resident of Professor Colony, Surajganj, PO + PS + District- Madhubani

3. The Pro-Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

6. The Principal, J.R.S. College, Jamalpur, District- Munger

7. The State Of Bihar through the Principal Secretary, Human Resources Development Department Government Of Bihar, Patna

8. The Director, Higher Education, Human Resources Development Department , Government Of Bihar, Patna Civil Writ Jurisdiction Case No.6787 of 2011 Dr.Nand Kishore Jha, son of Late Dr. Hari Narayan Jha, Resident of

6/8 Mohalla Jawaripur, Tilka Manjhi, P.S. Tilkamanjhi, District- Bhagalpur

3. The Pro-Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

6. The Principal, T.N.B College, Bhagalpur

7. The State Of Bihar through the Principal Secretary, Human Resources Development Department Government Of Bihar, Patna

8. The Director, Higher Education, Government Of Bihar, Patna Civil Writ Jurisdiction Case No.7218 of 2011

1. Dr.Awadh Kishore Roy Late R.S. Roy University Professor, University Department Of Botany, T.M. Bhagalpur University, Bhagalpur, P.S. Tatarpur, Town & Dist. Bhagalpur.

2. Dr. Murli Murari Prasad Late Deva Nand Prasad University Professor, University Department Of Botany, T.M. Bhagalpur University, Bhagalpur, P.S. Tatarpur, Town & Dist. Bhagalpur.

1. The T.M.Bhagalpur University, Bhagalpur, Through Its Registrar

2. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

3. The Pro Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.

5. The Head, P.G. Deptt. Of Botany, T.M. Bhagalpur University, Bhagalpur.

6. The Principal, T.N.B. College, Bhagalpur.

7. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna.

8. The Director, Higher Education, Govt. Of Bihar, Patna. Civil Writ Jurisdiction Case No.15745 of 2010

1. Subhash Prasad Ram S/O Late Bhola Ram Class-Iv, Employees In Sabour College, Sabour, P.S.- Sabour, Town And Distt.- Bhagalpur

2. Anant Lal Jha S/O Late Koko Jha Class-Iv, Employees In Sabour College, Sabour, P.S.- Sabour, Town And Distt.- Bhagalpur

3. Gopal Mandal S/O Late Khojay Mandal Class-Iv, Employees In Sabour College, Sabour, P.S.- Sabour, Town And Distt.- Bhagalpur

7/8

3. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur

6. The Principal, Sabour College, Sabour, Distt.- Bhagalpur

7. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Government Of Bihar, Main Secretariat, Patna

8. The Secretary Human Resources Development, Government Of Bihar, New Secretariat, Patna

9. The Director, Higher Education Human Resources Development Department, Government Of Bihar, New Secretariat, Patna Civil Writ Jurisdiction Case No.17625 of 2010 Dr. Mahesh Prasad Sah S/O Late Parmeshwar Sah R/O Adarsh Lane, G.C. Banerjee Road, Mundichak, P.S.- Tilkamanjhi (Kotwali), Town And Distt.- Bhagalpur

3. The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur

4. The Financial Advisor T.M. Bhagalpur University, Bhagalpur

5. The Registrar, T.M. Bhagalpur University, Bhagalpur

6. The Finance Officer, T.M. Bhagalpur University, Bhagalpur

7. The Principal, Marwari College, Bhagalpur

8. The State Of Bihar through the Principal Secretary Human Resources Development Department, Government of Bihar, Patna

9. The Director, Human Resources Development Department, Government Of Bihar, Patna Appearance :

(In CWJC No.2689 of 2011) For the Petitioner/s : Mr. Purushottam Kumar Jha Mr. Subhash Chandra Jha For the University : Mr. Rajendra Kumar Giri For the State : Mr. Sheo Shankar Prasad, SC 10 Mr. Dilip Kumar Roy, AC to SC-10 CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 16-03-2016 Despite adjournments sought since 17.02.2016, no

8/8 rejoinder to the supplementary counter affidavit filed on behalf of the T.M. Bhagalpur University has been filed by the petitioners. Mr. Rajendra Giri, learned counsel for the University submits that the University has decided to act in terms of the report given by Justice S.N.Jha Committee and the petitioners also would be paid accordingly after fresh calculations of up-to date payments are made.

The writ applications are, accordingly, disposed of in view of the aforesaid stand on behalf of the University. (Ramesh Kumar Datta, J) S.Pandey/- U