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Patna High CourtCWJC/10701/2014disposed

Khadga Nath Mishra And ORS v. The B.N.Mandal University And ORS

2015-01-20Mr. Justice Ajay Kumar Tripathi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10701 of 2014 ===========================================================

1. Khadga Nath Mishra S/o Late Bal Krishna Mishra, Reader, Department of Mathematics, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

2. Dr. Kishore Nath Jha S/o Late Krishna Dutta Jha Reader, Department of Zoology, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

3. Dr. Ranjana Jha D/o Late Sundar Kant Jha, Reader, Department of Zoology, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

4. Dr. Sudha Bala D/o Late Indra Raj Kumar, Reader, Department of Botany, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

5. Dr. Kumud Kumari D/o Sri Surendra Mishra, Reader, Department of Psychology, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

6. Dr. Anjana Pathak D/o Sri Ram Narayan Mishra, Reader, Department of History, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

7. Dr. Shashi Bhushan Thakur S/o Late Kritya Nand Thakur, Reader, Department of Pol. Science, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

8. Dr. Rajiv Kumar Jha S/o Late Lakshmeshwar Jha, Reader, Department of Chemistry, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

9. Dr. Bishnu Deo Choudhary S/o Late Dhani Choudhary, Reader, Department of Physics, R.M. College, Saharsa, P.S. AND Distt. - Saharsa

10. Krishna Deo Poddar S/o Late Shaligram Prasad Poddar, Reader, Deptt. of Economics, Marwai College, Kishanganj, P.S. AND Distt. - Kishanganj null

11. Dr. Pradip Chandra Jha S/o Late Lakshmi Narayan Jha, Reader, Deptt. of Economics, M.L.T. College, Saharsa, P.S. AND Distt. - Saharsa .... .... Petitioner/s

Versus

1. The B.N.Mandal University, Madhepura, through its Registrar

2. The Vice - Chancellor, B.N.Mandal University, Madhepura

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

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

5. The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, Patna

6. The Special Secretary, Education Department, Govt. of Bihar, Patna

Patna High Court CWJC No.10701 of 2014 dt.20-01-2015

7. The Director, Higher Education Department, Govt. of Bihar, Patna

8. The Pay - Verification Cell, Education Department, Govt. of Bihar, Patna, through its Authorised Officer

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

10. The Principal, Marwari College, Kishanganj, P.S. AND Distt. - Kishanganj

11. The Principal, M.L.T. College, Saharsa, P.S. AND Distt. - Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Amar Nath Deo, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 20-01-2015 Since no order has been passed by the Pay Verification Cell, Department of Education, Government of Bihar, in relation to petitioner nos. 10 and 11, the Court passes no order in relation to them. If any decision is taken by the Pay Verification Cell, they may approach the Court or authority in light of the decision rendered in case of Dr. Kedar Nath Pandey & Ors. Vrs. The Magadh University and Ors.

Petitioner no. 3 is said to be dead. No substitution petition has been filed, because the counsel informs the Court that he is not in a position to establish any contact with the family members. If that be so, the writ application against her will abate.

The writ application stands disposed of in light of the decision rendered by this Court in the case of Dr. Kedar Nath Pandey & Ors. Vrs. The Magadh University and

Patna High Court CWJC No.10701 of 2014 dt.20-01-2015 Ors., in C.W.J.C. No. 7636 of 2014, decided on 15.01.2015. Rational and reasoning given by the Court in the said decision govern the case of present petitioners.

In view of the same, the decision of the Pay Verification Cell was contained in Annexures 10 and 12 series contained in I.A. No. 8132 of 2014 stands quashed. I.A. No. 8132 of 2014 is allowed so is the writ application.

(Ajay Kumar Tripathi, J) P.K./- U