Shyam Kumar Jha v. Tilka Manjhi Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15868 of 2013 ====================================================== Shyam Kumar Jha Son Of Late Bedanand Jha Resident Of Ghosi Tola, Thakurbari Lane, Nathnagar, P.S.-Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

1. Tilka Manjhi Bhagalpur University, Bhagalpur Through Its Registrar

2. Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur

3. Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur

4. Principal, Marwari College, Bhagalpur

5. Shri Raghovendra Nath Jha Son Of Shri Surendra Nath Jha Presently Working As Section Officer, Marwari College, P.O.- T.N.B. College, P.S.- University Police Station, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava For the Respondent/s :

Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2018 In view of subsequent development i.e. death of respondent no.5, the prayer as to quashing of the order dated 10.11.2012 has now become irrelevant. The relief in the nature of consideration of the case of the petitioner for grant of promotion against the post of Section Officer at Marwari College, Bhagalpur is only surviving.

In the present case the basic dispute was inter se seniority of the petitioner and respondent no.4 which has now not relevant for adjudication. However, if the petitioner is otherwise eligible for grant of promotion after the death of respondent no.5 being the senior most employee and if he is under the consideration zone, the respondents may take

Patna High Court CWJC No.15868 of 2013(5) dt.13-09-2018 2/2 appropriate decision in accordance with law and pass appropriate order expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order.

It is needless to say that in the event the respondent admit entitlement of the petitioner for grant of promotion, the University may pass appropriate order for grant of consequential relief. The decision with regard to consequential benefit may also be taken within the time frame as indicated hereinabove. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U