Dr. Ram Janam Sharma v. Veer Kunwar Singh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9998 of 2016 =========================================================== Dr. Ram Janam Sharma (The then Professor Incharge, S.B. Colleger, Ara Now retired from service W.E.F. 31.5.2016) Son of late Sheo Nandan Singh Resident of Village Garh Jalalpur, PS Ghoshi, District Jahenabad. .... .... Petitioner/s

Versus

1. Veer Kunwar Singh University Ara (Bihar) the through its Registrar.

2. Vice Chancellor, Veerkuar Singh University, Bhojpur Ara Bihar.

3. Registrar, Veer Kunwar Singh University Ara Bihar.

4. Finance Advisor, Veer Kunwar Singh University Ara Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur with Mr. Md. Imteyaz Ahmad and Mr. Shashank Shekhar, Advocates For the University :

Mr. Arabind Nath Panddey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-06-2018 Heard learned counsel for the petitioner and Veer Kunwar Singh University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

" That this is an application for issuance of an appropriate writ, order or direction for directing the respondents to release all the retiral benefits to the petitioner as they have released the said benefit to other teaching staffs who retired on the date of their superannuation itself."

3. On 09.05.2018, copy of counter affidavit on behalf of

Patna High Court CWJC No.9998 of 2016 dt.19-06-2018 2/2 the University had been served on learned counsel for the petitioner, and as prayed for by him, the matter was directed to be listed today for filing appropriate rejoinder. The same has not been done.

4. In the counter affidavit the stand is that it is the petitioner who has been paid more than Twenty Lakhs and, thus, nothing is payable to him and in fact he is liable to return a huge amount to the University.

5. There being no rejoinder to the same, the Court finds that no order can be passed in favour of the petitioner in the present writ petition as the averments made in the counter affidavit have gone unrebutted despite time taken for filing rejoinder.

6. Accordingly, the writ petition stands disposed off. However, the petitioner shall be at liberty to pursue the matter before the appropriate forum, in accordance with law. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U