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Patna High CourtCWJC/17882/2022disposed

Neelam Devi v. Kameshwar Singh Darbhanga Sanskrit University

2023-08-08Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17882 of 2022 ====================================================== Neelam Devi Wife of Late Gunanand Jha Resident of Village- Tatauni Vishwanathpur, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The State of Bihar through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. 5.

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

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

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate Mrs. Supriya Kumari, Advocate For the State :

Mr. Madan Jeet Kumar ( GP- 20 ) For the University :

Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Durga Nand Jha, learned counsel appearing on behalf of the petitioner, Mr. Madan Jeet Kumar, learned GP-20 appearing on behalf of the State and Mr. Deepak Kumar, learned counsel for the Kameshwar Singh Darbhanga

Patna High Court CWJC No.17882 of 2022 dt.08-08-2023 2/3 Sanskrit University, Kameshwar Nagar, Darbhanga.

2. Learned counsel appearing on behalf of the petitioner seeks to file detailed representation before the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, for payment of retiral dues in light of judgement dated 09.09.2011 passed in CWJC No. 6534 of 2009 (Secretary, Bihar State Up Sastri Sanskrit Mahavidalya/College Teachers Association Employees, & Anr. vs. The State of Bihar & Ors.).

3. The Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, is directed to call upon the records relating to the petitioner and pass a reasoned order giving his specific finding as to whether the judgment as relied upon by the petitioner in case of Secretary, Bihar State Up Sastri Sanskrit Mahavidalya/College Teachers Association Employees, & Anr (supra) is applicable or not in the case of the petitioner.

4. In case, the judgement relied upon by the petitioner squarely covers the case of the petitioner, in that case, the petitioner must be given equal treatment and payment must be made in accordance with the direction passed in CWJC No. 6534 of 2009 within a period of three weeks.

Patna High Court CWJC No.17882 of 2022 dt.08-08-2023 3/3

5. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.08.2023 Transmission Date N/A