Raghav Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3656 of 2013 IN Civil Writ Jurisdiction Case No. 5063 of 2012 =========================================================== Raghav Prasad Yadav, so of Late Bhoj Yadav, resident of village- Atarsan, P.O.- Tola Madua, P.S.- Rasulpur, District- Chapra. .... .... Petitioner.

Versus

1. The State of Bihar through the Principal Secretary, Amarjit Sinha, Human Resources Development Department, Bihar, Patna.

2. Amarjit Sinha, The Principal Secretary, Higher Education, Government of Bihar, New Secretariat, Patna.

3. Jai Prakash University, Chapra, through its Registrar, Vijay Pratap Kumar, Chapra.

4. Registrar, Vijay Pratap Kumar, Jai Prakash Unviersity, Chapra, DistrictChapra.

5. The Vice-Chancellor, S.N.Dubey, Jai Prakash Univeristy, Chapra, DistrictChapra.

6. The Principal, B.K. Tiwari, D.A.V. College, P.G. College, Siwan, DistraictSiwan. .... .... Contemnors/Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : MR. SHUBH NARAIN SINGH, ADVOCTE. For the State : DR. ANSHUMAN, SC-14 WITH KUBER APTHAK, AC TO SC-14 For the J.P. University: MR. MRIGENDRA KUMAR, ADVOCATE. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 12-03-2015 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

The present contempt application has been filed for noncompliance of the order dated 20.03.2012 passed in C.W.J.C. No. 5063 of 2012 whereunder the aforesaid writ application was disposed of with a direction to the University to consider the case of the petitioner also along with others and take a final decision in

respect of entitlement or otherwise for promotion. It goes without saying that if he is found entitled for promotion, necessary notification shall be issued in this regard. However, if the University does not find the petitioner entitled for promotion, order shall be passed in that respect and communicated to the petitioner. University must complete the exercise preferably within three months from the date of receipt/production of a copy of this order.

Learned counsel for the Jai Prakash University, Chapra (opposite party nos. 4 and 5) submits that in compliance of the order of the writ Court, the representation of the petitioner has been disposed of on 13.01.2015 by the Registrar, Jai Prakash University (opposite party no. 4) refusing the claim of the petitioner for promotion on the post of Accountant/Head Clerk after retirement, which would appear from paragraphs 6 to 8 of the show cause dated 21.01.2015 filed on behalf of the Jai Prakash University.

Learned counsel for the petitioner submits the claim of the petitioner for promotion on the post of Accountant/Head Clerk has been illegally refused by the Jai Prakash University. Since the order, under contempt, has been complied with by the concerned opposite party, therefore, no further action

is required. Accordingly, this contempt application is disposed of.

(Rajendra Kumar Mishra, J) Bhardwaj/- U