Dr. Dasharath Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18546 of 2019 ====================================================== Dr. Dasharath Prasad Yadav S/o Late Banarsi Prasad Yadav Resident of Raj Nagar, Khagaul Road, Danapur, Patna, Retired as Professor in the subject of Physics, Kisan College, Sohsrai, District- Nalanda, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, (Higher Education), Government of Bihar, Patna.

3.

The Magadh University, through its Registrar. 4.

The Vice Chancellor, Magadh University Bodh Gaya, Gaya. 5.

The Finance Officer, Magadh University, Bodh Gaya, Gaya. 6.

The Patliputra University, through its Registrar. 7.

The Vice Chancellor, Patliputra University, Patna. 8.

The Registrar, Patliputra University, Patliputra. 9.

The Principal, Kisan College, Sohsrai, Bihar Sharif, District- Nalanda, Bihar.

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

For the Petitioner/s :

Mr.Virendra Prasad For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as the University.

Learned counsel appearing on behalf of University submits that the claim of the petitioner after superannuation is unsustainable and the document enclosed in support of his claim in the writ application is not a genuine document. Learned counsel appearing on behalf of petitioner

Patna High Court CWJC No.18546 of 2019(2) dt.09-09-2019 2/2 submits that there is no decision one way or the other by the respondents.

Considering the fact that factual enquiry is involved in this case which is within the domain of Magadh University, the writ application is disposed of with a direction to the Registrar, Magadh University to inquire into the matter to ascertain whether the petitioner is entitled to the benefit or not. If the petitioner is entitled to benefit and the material available with the University supports the claim of petitioner, as claimed by the petitioner, the University shall take appropriate decision with regard to claim of the petitioner within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U