Veena Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2378 of 2019 In Civil Writ Jurisdiction Case No.24134 of 2013 ====================================================== Veena Pathak (F), aged about 68 years, Wife of Late Anand Bhushan Pathak, at present resident of Chetnapuri, Police Station-Maharajganj, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Deepak Kumar, The Chief Secretary, Government of Bihar, Patna.

2.

Mr. R.K. Mahajan, the Principal Secretary, Education Department, Government of Bihar, Patna.

3.

Mr. Rahul Singh, the Principal Secretary, Finance Department, Government of Bihar, Patna.

4.

Mr. Arvind Kumar Verma, the Director, Higher Education, Bihar, Patna. 5.

Jai Prakash University, Chapra through its Registrar Mr. Group Captan Shri Krishna.

6.

Professor Hariksh Singh, the Vice Chancellor, Jai Prakash University, Chapra, District-Saran.

7.

Mr. Group Captain Shri Krishna The Registrar, Jai Prakash University, Chapra, District-Saran.

8.

Mr. Shiv Dayal Singh, the Finance Officer, Jai Prakash University, Chapra, District-Saran.

9.

Dr. Braj Kishor Tiwari, the Principal, Ram Bilas Ganga Ram College, Majarajganj, District-Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey, AAG-15 J.P. University :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2024 Heard the parties.

2. The writ Court in C.W.J.C. No. 24134 of 2013 (disposed of on 13.9.2018) had directed the University to examine the claim of the petitioner's husband whether he has completed the 'Kalawadhi' prevalent up to 22.9.1995 or not and

Patna High Court MJC No.2378 of 2019(3) dt.13-03-2024 2/3 to take a decision. Further, if he is found entitled, to make necessary payment.

3. This order was passed in the year 2018 and the decision was to be taken within a period of four months. As no decision was taken, the petitioner-widow was forced to file MJC No. 2378 of 2019.

4. The matter remained pending and four years later and only after an order was passed by this Court on 8.8.2023 that on 26.8.2023, the University negated the claim of the petitioner's husband vide letter no. 52 (R) 26.8.2023 that is part of the show cause filed on their behalf vide Annexure-R 5-8/1 of the petition.

5. Though, this Court is satisfied that the order is complied and the petitioner, if so wants, can agitate the matter before the appropriate writ Court, the delay in passing the order despite the order of the writ Court to dispose it of within a period of four months, certainly, the widow is entitled to the cost for the mental torture she has suffered for the five years.

6. As such, the opposite party no.7, the Registrar, Jai Prakash University, Chapra shall be paying Rs. 5000/- to the lady within a period of four weeks from today. The Registrar is free to thereafter approach the Vice-Chancellor of the University

Patna High Court MJC No.2378 of 2019(3) dt.13-03-2024 3/3 and apprise him about the order so that the Vice-Chancellor may fix the responsibility on the erring official for the realization of the aforesaid amount. However, the payment has to be made to the widow within four weeks from today and receipt be filed in the office.

7. The MJC No. 2378 of 2019 stands disposed of.

8. List this case after six weeks under the heading "To Be Mentioned" to peruse whether payment has been made by Registrar of the J.P. University, Chapra or not. (Rajiv Roy, J) Ravi/- U