Anuradha Das Gupta v. Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12165 of 2018 =========================================================== Anuradha Das Gupta, Niece of Late A.K. Dasgupta, 70, Kendua Main Road, Garia- 700084, Kolkata, West Bengal.

.... .... Petitioner/s

Versus

1. Magadh University Bodh Gaya 824234.

2. Vice Chancellor Magadh University Bodh Gaya - 824234.

3. B.S. College Danapur, Patna- 800012.

4. Principal B.S. College, Danapur, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Magadh University : Mr. Shivendra Kishore, Sr. Advocate Mr. Arabind Nath Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 27-07-2018 Heard learned counsel for the petitioner and Magadh University.

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

"That this writ petition is being filed with prayer for issuance of an appropriate writ order and/or direction of an appropriate to release the provident fund dues along with interest of Ashok Kumar Das Gupta who died in harness while working as Lectures in Philosophy in B.S. College Danapur a constituent College under Magadh University, Bodh Gaya Bihar."

3. The petitioner claims to be the niece of late A.K. Dasgupta, who died in harness while working on the post of Lecturer

Patna High Court CWJC No.12165 of 2018 dt.27-07-2018 2/2 in B.S. College, Danapur on 12.09.1976, for payment of his Provident Fund dues.

4. The Court does not feel inclined to interfere in the matter for two reasons. Firstly, the claim relating to money having been raised after 42 years in the present writ application is hopelessly hit by the principle of delay and laches. Secondly, the niece is claiming the benefit accruable to her uncle and, thus, the Court finds that after lapse of many decades, there being no direct heir, the matter should now be closed once and for all.

5. For the reasons aforesaid, the writ petition stands disposed off.

6. However, it shall not preclude the petitioner from moving before the appropriate forum, in accordance with law, with regard to the claim raised in the present application but, without any opinion expressed by the Court.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U