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Patna High CourtCWJC/13992/2024allowed

Deepak Kumar v. The State Of Bihar Through The Additional Chief Secretary,

2025-04-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13992 of 2024 ====================================================== Deepak Kumar Son of Late Jai Prakash Rao R/o of -Khatka Chak, Gaya, P.S.- Vishnupad, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, New Secretariat, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

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

4.

The Authorised Officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna having its office at B.S.T.B.P., Corporation, Buddha Marg, Patna.

5.

The Magadh University, Bodh Gaya through its Registrar. 6.

The Vice Chancellor, Magadh University, Bodh Gaya. 7.

The Registrar, Magadh University, Bodh Gaya.

8.

The Finance Officer, Magadh University, Bodh Gaya. 9.

The Nodal Officer/Admin, Pay Verification, Magadh University , Bodh Gaya.

10.

The In-Charge, Pay Verification, Magadh University, Bodh Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar For the Respondent/s :

Mr.Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2025 Re: I.A. No.01 of 2025 The present Interlocutory Application is being filed for substitution of the legal heir's and representative of the deceased sole petitioner, namely, late Deepak Kumar, who died on 21.09.2024, during the pendency of present writ petition leaving behind the legal heirs and representatives as mentioned

Patna High Court CWJC No.13992 of 2024(5) dt.07-04-2025 2/3 in para-3 of the interlocutory application.

2. Having heard learned counsel for the parties and for the reasons stated in the interlocutory application, I.A. No. 01 of 2025 is allowed and following persons are substituted in place of the deceased sole petitioner:

i. Mamta Devi, aged about 33 years, Female, W/OLate Deepak Kumar ii. Ayush Ranjan, aged about 14 years, Male, S/OLate Deepak Kumar iii. Ananya Raj, aged about 12 years, Female, D/OLate Deepak Kumar iv. Deepsri, aged about 05 years, Female, D/O-Late Deepak Kumar All Residents of village-Maranpur, Khatka Chak, Gaya, P.S. Magadh Medical College, District-Gaya.

3. Learned counsel for the petitioner is directed to insert the name of the legal heirs and representative of the sole petitioner in the main writ petition in course of day. C.W.J.C. No.13992 of 2024

4. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

5. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.13992 of 2024(5) dt.07-04-2025 3/3 submits that the petitioner's case is squarely covered by judgment dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024.

6. In view of the aforesaid, the impugned pay verification certificate issued vide Receipt No.0508220100206, under the signature of the authorized officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna (Annexure-P/14) is hereby quashed and the matter is remanded back to the State authorities for proceeding afresh in accordance with law.

7. It goes without saying that the petitioner is entitled to receive pay as earlier.

8. Accordingly, this writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U