Dr. Radhakrishna Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17322 of 2021 ====================================================== Dr. Radhakrishna Sinha Son of Bachcha Prasad Sinha, Trimurti Children Hospital, Mayaganj Hospital Road, Tilkamanjhi, Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Higher Education, Patna.

3.

Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 4.

The Vice- Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate.

For the State :

Smt. Binita Singh ( Sc28 ) For the University :

Mr. Ritesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-07-2025 Heard Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the petitioner; Smt. Binita Singh, learned SC-28 for the State and Mr. Ritesh Kumar, learned counsel for the University.

2. Learned counsel appearing on behalf of the petitioner submitted that the impugned order contained in Memo No. 3618-21 dated 16.02.2019 is required to be modified to the extent that the Vice Chancellor has accepted that the wife of the petitioner had worked from March 2010 till 27.12.2015, as it would appear from the impugned order itself and the wife of the petitioner is required to be paid for the aforesaid period as has

Patna High Court CWJC No.17322 of 2021(3) dt.01-07-2025 2/2 been paid to the other employees. Learned counsel appearing on behalf of the petitioner further informs that the wife of the petitioner who was Lecturer in S.M. College, Bhagalpur had died in harness on 27.12.2015 before her case could be adjudicated by the S. B. Sinha Commission. Therefore, the entitlement of the payment of due salary to the wife of the petitioner is required to be paid in view of the admitted position that she had worked during the said period in light of law laid down by the Apex Court in the case of Man Singh Vs. State of Uttar Pradesh & Ors. reported in 2022 LiveLaw SC 341.

3. Considering the aforesaid submission and information, the petitioner, if so advised may file a detailed representation before the Director, Higher Education, Bihar and the Director may consider the representation of the petitioner, so filed, in accordance with law and recorded information in the impugned order dated 16.02.2019, expeditiously, preferably within a period of six weeks.

4. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U