Indu Dutt Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7624 of 2018 ====================================================== Indu Dutt Jha son of Late Kamla Dutt Jha, Resident of Village, P.O. and P.S.- Mahishi, P.S.- Mahishi, District- Saharsa, at present working as the Lecturer in the department of Vyakaran in Sri Ugratara Bharti Mandan Sanskrit Mahavidyalaya, Mahishi, Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

The Kameshwar Singh Darbhanga Sanskrit University, Kameswar Nagar, Darbhanga through its Registrar.

5.

The Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga.

6.

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

7.

The Acting Principal, Sri Ugratara Bharti Mandan Sanskrit Mahavidyalaya, Mahishi, Saharsa.

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

For the Petitioner/s :

Mr. Kaushalesh Choudhary, Adv.

For the Respondent/s :

Mr. Apurva Kumar, AC to GA-12 For the University :

Mr. Binay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner, learned counsel for the respondent University and learned counsel appearing for the respondents-State.

2. With the consent of parties the present writ application is being disposed of at this stage itself.

3. In the present writ application the petitioner has prayed for the grant of following relief:

2/4 "i. For issuance of an appropriate writ (s)/ rule(s) / direction (s) in the nature of mandamus commanding the concerned respondents for grant of 1st time bound promotion with all consequential benefits thereof w.e.f. 24.02.1991, and for grant of 2nd time bound promotion with all consequential benefits there of w.e.f.

24.02.2005.

ii. For issuance of direction to the concerned respondents for revision of pay scale of the petitioner, after granting the first time bound promotion and second time bound promotion, from due date.

iii. For issuance of direction to the concerned respondents for payment of differential amount of pay and allowances to the petitioner after granting promotion. 1st and 2nd time bound promotion.

AND/OR iv. For grant of other relief (s) to which the petitioner may found entitled to, on the facts and circumstances of the case."

4. Learned counsel for the petitioner also informs this Court that the petitioner has already retired from service on 31.05.2022.

5. After advancing some argument, learned counsel for the petitioner submits that he is prepared to file a detailed

3/4 representation for claiming the aforesaid relief before the ViceChancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga and prays that if such a representation is filed, the Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga be directed to dispose of the representation within a fixed time frame after giving an opportunity of hearing to the petitioner and if the petitioner is found entitled to the relief then the same should be extended to the petitioner within a further fixed period of time.

6. To this prayer being made by learned counsel for the petitioner, the respondent parties do not have any objection.

7. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of granting liberty to the petitioner or his authorized representative to file a detailed representation before the Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga within one month from today and if such a representation is filed the same shall be disposed of by the Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga within a further period of three months from the date of receipt

4/4 of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga should be a reasoned and speaking order. It is further made clear that if the petitioner is entitled to the relief as would be claimed by the petitioner or his authorized representative in the representation then the Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshar Nagar, Darbhanga is directed to extend the relief to the petitioner within a further period of three months from the date of passing of the final order.

8. With the aforesaid observation and direction and liberty granted to the petitioner, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U