Manju Singh v. The B. N. Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6042 of 2015 ====================================================== Manju Singh, W/o Late Dr. Devendra Nath Singh, resident of At + P.OManihari, P.S.- Sadiyabad, District- Gazipur (U.P.), Presently residing at C/o Mrs. Shanti Jha, Mission Compound, Purav Bazar, P.S. Town and DistrictSaharsa. (Bihar). ... ... Petitioner/s

Versus

1.

The B. N. Mandal University 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 Director, Higher Education Department, Govt. of Bihar, Patna. 7.

The Principal, S.N.S.R.K.S. College, Saharsa, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the Respondent/s :

Mr. Narendra Kumar Singh, AC to GP- 22 For the University :

Ms. Vandana Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-01-2024 Heard Mr. Purushottam Kumar Jha, learned counsel appearing on behalf of the petitioner, Mr. Narendra Kumar Singh, learned counsel for the State and Ms. Vandana Kishore, learned counsel for the University.

2. It is submitted on behalf of the petitioner that though during the pendency of the writ petition the substantive grievance of the petitioner has been redressed on account of intervention of the Hon'ble Court. However, till date, despite the

Patna High Court CWJC No.6042 of 2015 dt.23-01-2024 2/3 determination of pay point issued by the Pay Verification Cell holding the husband of the petitioner entitled to get basic pay of Rs.700/- on 22.11.1980, the date on which the husband of the petitioner was considered for absorption and finally absorbed, but the husband of the petitioner has not been accorded the benefit of time bound promotion on the post of Associate Professor with effect from the due date on 22.11.1990.

3. It is submitted that though the husband of the petitioner was entitled to get the Time Bound Promotion on the post of Associate Professor on 22.11.1990, but he has been accorded promotion w.e.f. 30.06.1994, without any justifiable reason.

4. Considering the limited grievance of the petitioner, instead of keeping the matter pending, it would be apt and proper to dispose of the writ petition with a direction to the Vice-chancellor, B. N. Mandal University, Madhepura to consider the claim of the petitioner with regard to shifting the date of promotion of her late husband from 30.06.1994 to 22.11.1990, in view of the determination of pay point by the Pay Verification Cell as also in the light of the date of absorption of the husband of the petitioner in the service, vide Memo No. 616 dated 08.02.2005, which has been issued in consonance with the

Patna High Court CWJC No.6042 of 2015 dt.23-01-2024 3/3 report of Justice Agrawal Commission, preferably within a period of ten weeks' from the date of receipt/production of a copy of this order.

5. Needless to observe that if the claim of the petitioner finds favour, she shall also be entitled to all the admissible consequential benefits accruing after the shifting of date of promotion of her husband, in accordance with law, within the stipulated period.

6. It is further observed that the petitioner is a hapless widow of late Devendra Nath Singh pursuing her remedy for the last eight years before this Court, any defiance of the order shall be dealt with sternly.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.01.2024 Transmission Date NA