Ashutosh Dwivedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14236 of 2014 ====================================================== Ashutosh Dwivedi Son of Indradeo Dwivedi Resident of Village - Dumaria, P.S. - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Dept. of Education, Govt. of Bihar, Patna.

2. The Principal Secretary, Dept. of Education, Govt. of Bihar, Patna.

3. The Director, Higher Education, Govt. of Bihar, Patna.

4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

5. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate For the State :

Mr. Vijay Laxmi Srivastava, AC to SC-23 For the University :

Mr. Awadhesh Prasad Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

2. During the pendency of the writ petition a decision has been taken vide notification dated 19.04.2018, Annexure-15 which, inter alia, admits that the University has decided to approve the appointment of several teachers including the petitioner as teacher in Janki Sanskrit Upshastri Mahavidyalaya, Narkatiaganj.

3. Learned counsel for the University submits that the notification is subject to approval of the State Government and payment will be made subject to availability of funds.

4. In view of the above, the writ petition is disposed of with a direction to the authorities of the State Government in the Education Department to take appropriate decision on the

Patna High Court CWJC No.14236 of 2014 dt.18-08-2018 2/2 notification dated 19.04.2018, as contained in memo no. 653 dated 19.4.2018, Annexure-15 and communicate the University about the outcome on the approval of the services of the teachers mentioned in Annexure-15, if not already intimated, within a maximum period of 60 days from the date of receipt/production of a copy of this order. The consequential benefit of Annexure-15 shall accrue to the petitioner immediately after the decision of the respondent-State. The payment will be abide by the decision of the State Government.

5. The University is expected to prepare budget and raise demand towards payment of salary of the concerned persons included in Annexure-15 and submit before the State Government for its approval within the time frame indicated hereinabove.

6. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.08.2018 Transmission Date