Brahmanand Mishra v. The Vice Chancellor, Rajendra Agriculture University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18732 of 2016 =========================================================== Brahmanand Mishra Son of Late Dudheshwar Mishra village Woob P.O. Bharub P.S. Obra District- Aurangabad.

.... .... Petitioner/s

Versus

1. The Vice Chancellor, Dr. Rajendra Prasad Central Agriculture University at Pusa.

2. The Regional Director, Agriculture Research Institute, Patna.

3. The Vice Chancellor, Bihar Agriculture University, Sabaur.

4. The Dean cum Principal, Bihar Agriculture College, Sabaur.

5. The Director Administration, Dr. Rajendra Prasad Central Agriculture University at Pusa.

6. The Director, Bihar Agriculture University, Sabaur at Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Pandey, Advocate For the University :

Mr. Anjani Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-03-2018 Heard learned counsel for the petitioner and Bihar Agricultural University, Sabour (hereinafter referred to as the 'University').

2. In terms of the order dated 09.02.2018, second counter affidavit has been filed on behalf of respondents no. 4 and 6.

3. The stand taken is that the entire period of termination/suspension has been counted for the purpose of

Patna High Court CWJC No.18732 of 2016 dt.09-03-2018 2/3 qualifying period for admissibility of benefit under the provisions of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. It has further been stated in the affidavit that the University will consider the application of the petitioner for payment, as per the revised order, upon receipt of pension paper which has to be submitted by the petitioner. Learned counsel for the University submitted that the office order to this effect has been issued on 23.02.2018.

4. Learned counsel for the University assures the Court that within two months of the formalities being completed by the petitioner, whatever amount is required to be paid shall be paid to him.

5. Having regard to the aforesaid, as the grievance of the petitioner stands redressed, he is directed to complete the necessary formalities, which may be required for the purpose, like submitting duly filled up pension papers etc. to the authorities, within two weeks from today. Upon the same being done, the respondent no. 6 shall ensure that the retiral dues of the petitioner are accordingly revised and payment made to him within two months thereafter.

6. The writ petition stands disposed off in the aforementioned terms.

7. As the Court has disposed off the matter on the

Patna High Court CWJC No.18732 of 2016 dt.09-03-2018 3/3 assurance given by learned counsel for the University, the Court would only observe that the University shall not give an occasion for the Court to consider any alleged non compliance of the present order.

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