Bir Mangal Sahi v. The Baba Sahed Bhim Rao Ambedkar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2713 of 2017 =========================================================== Bir Mangal Sahi, son of Late Hardeo Sahi, resident of Village - Sahwazpur, P.S. - Kanti, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The Baba Sahed Bhim Rao Ambedkar University through its Vice Chancellor.

2. The Registrar, Baba Saheb Bheem Rao Ambedkar Bihar University Muzaffarpur.

3. The Finance Officer, Baba Saheb Bheem Rao Ambedkar Bihar University Muzaffarpur.

4. The Principal, M.D.D.M. College, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Rakesh Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 21-03-2018 Heard learned counsel for the petitioner and State as well as University.

Vide order dated 15.11.2017 six weeks' time was granted to the respondents to file counter affidavit, but neither the counter affidavit has been filed nor the grievance of the petitioner has been redressed.

Learned counsel for the petitioner submits that for the purpose of pension, the respondents may be directed to shift back the date of regularization, so that the petitioner may avail the pensionary benefits. Referring to Annexure-7, he submits that this issue has already been adjudicated by a co-ordinate Bench of this Court and the petitioners of C.W.J.C. No. 6476 of 2013 were granted the benefit of

Patna High Court CWJC No.2713 of 2017 dt.21-03-2018 2/2 counting past services only for the purpose of retiral dues. In view of the above, the writ application is disposed of with liberty to the respondent University to take appropriate decision with regard to the claim of the petitioner in the light of the adjudication by a Co-ordinate Bench of this Court in C.W.J.C. No. 6476 of 2013 vide judgment dated 25.07.2016. Necessary decision in this regard must be taken by the respondent University within a period of sixty days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date24.03.2018 Transmission Date