Bishwambhar Jha v. Kameshwar Singh Darbhanga Sanskrit University
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17253 of 2022 Dinesh Jha Son of Late Mahavir Jha Resident of Village- Lahta, P.O.- Lahta, P.S.- Manigachhi, District- Darbhanga.
Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
The State of Bihar, through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary, Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 17352 of 2022 Bishwambhar Jha Son of Late Tej Narayan Jha, Resident of Ward No. 08, Mahrail, P.S. Rudrapur, District- Madhubani.
Vice-Chancellor, Kameshwar Singh Darbhanga University, Darbhanga. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
The State of Bihar through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Edcation), Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 17416 of 2022 Madan Jha Son of Late Jay Dev Jha Resident of Village-Mahinathpur, P.S. Bhairav Asthan, District-Madhubani.
2/9 darbhanga through its Registrar.
Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
The State of Bihar through Addditional Chief Secretary, (High Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Education), Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 17903 of 2022 Nitya Nand Jha Son of Late Jagdish Jha Resident of Village- Mahrail, Ward No. 5, P.S. Rudrapur, District- Madhubani.
Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga The State of Bihar through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Education), Department of Education, Government of Bihar, New Secretariat, Patna.
with Civil Writ Jurisdiction Case No. 18089 of 2022 Radha Devi Wife of Ratan Chaudhary, Resident of Ward No.13, Near Inaar, Pastan Navtoli, P.S.-Andhra Tharhi, District-Madhubani. Kameshar Singh Darbhanga Sanskrit University Kameshwar Nagar, Vice Chancellor, Kameshar Singh Darbhanga Sanskrit University,
3/9 Registrar, Kameshar Singh Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.
The State of Bihar through Additional Chief Secretary (Higher Education), Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Education), Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 18259 of 2022 Gulab Jha Son of Late Mahindra Jha, Resident of Village- Lahta, Ward No. 8, P.S.- Manigachhi, District- Darbhanga.
Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga The State of Bihar through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Education), Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 18285 of 2022 Ram Ballab Jha Son of Late Surat Lal Jha, Resident of Village- Lahta, P.O.- Lahta, P.S.- Manigachhi, District- Darbhanga. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Registrar, Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.
The State of Bihar through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary (Higher Education) Department, of Education,
4/9 Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 18402 of 2022 Manjula Devi Wife of Late Fudan Mishra, Resident of Village- Pastan Navtoli, Ward No. 13, P.S.- Andhra Tharhi, District- Madhubani. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga The State of Bihar through Additional Chief Secretary, (Higher Education), Department of Education, Government of Bihar, Patna. The Principal Secretary (Higher Education), Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 109 of 2023 Sunita Devi Wife of Late Hari Narayan Mishra alias Hari Mishra Resident of Village- Mahrail, P.S.- Rudrapur, District- Madhubani. Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
The State of Bihar, through Additional Chief Secretary, (Higher Education) Department of Education, Government of Bihar, New Secretariat, Patna. The Principal Secretary, (Higher Education) Department of Education, Government of Bihar, Patna.
with Civil Writ Jurisdiction Case No. 5631 of 2023
5/9 Dr. Parmendu Pathak son of Late Satyadeo Pathak, Resident of Pohaddi, ViaBenipur, P.S.-Bahera, District-Darbhanga. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, The Registrar, Kameshwar Singh Darbhanga Sanskrit University, The Principal, Purnima Ram Pratap Sanskrit College, Baigni, DistrictDarbhanga. The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.
6.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
7.
The Director, Higher Education Department, Government of Bihar, Patna. Appearance :
(In Civil Writ Jurisdiction Case No. 17253 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. S.K. Ranjan, AC to G.P-17 For University :
Mr. Deepak Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 17352 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Jai Prabhat Kishore, AC to SC-13 For University :
Mr. Deepak Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 17416 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Madhaw Pd. Yadaw (Gp23), Mr. Arvind Kumar, AC to GP-23 For University :
Mr. Deepak Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 17903 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha For the State :
Mr. Madhukar Mishra, AC to SC-16 For University :
Mr. Deepak Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 18089 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Shankar Kumar Thakur, Adv.
For University :
Mr. Deepak Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 18259 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Jai Prabhat Kishore, AC to SC-13 (In Civil Writ Jurisdiction Case No. 18285 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Madhaw Prasad Yadaw ( Gp 23 ), Mr. Arvind Kumar, AC to GP-23 For University :
Mr. Deepak Kumar, Adv.
6/9 (In Civil Writ Jurisdiction Case No. 18402 of 2022) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Jai Prabhat Kishore, AC to SC-13 (In Civil Writ Jurisdiction Case No. 109 of 2023) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Kameshwar Kumar (Gp17) (In Civil Writ Jurisdiction Case No. 5631 of 2023) For the Petitioner/s :
Mr. Durga Nand Jha, Adv.
For the State :
Mr. Madhaw Pd. Yadaw (Gp23), Mr. Arvind Kumar, AC to GP-23 For University :
Mr. Deepak Kumar, Adv.
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 20-07-2023 Heard Mr. Durga Nand Jha, learned counsel appearing on behalf of the petitioners, Mr. S.K. Ranjan, Jai Prabhat Kishore, Madhaw Pd. Yadaw, Mr. Arvind Kumar, Madhukar Mishra, Mr. Shankar Kumar Thakur and Mr. Kameshwar Kumar, learned counsels appearing on behalf of the State and Mr. Deepak Kumar, learned counsel appearing on behalf of the respondents.
2. The details of the individual above petitioners appears in the above writ petitions, furnished by Mr. Durga Nand Jha, learned counsel appearing on behalf of the petitioners, are as follows:- "The following cases are related to payment of Retirement benefits to the employees worked under Kameshwar Singh Darbhanga Sanskrit University and are covered with order dated 26.4.2023 passed in CWJC NO. 808 of 2023.
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No.
Case No.
Parties Date of Appointment Date of Retirement Post Assistant Professor Papers submitted CWJC No.
17253 of 2022 Dinesh Jha Vrs.
K.S.D.S. Univ.
28.01.1977 31.07.2014 Assistant Professor 10.08.2021 CWJC No.
17352 of 2022 Bishwambhar Jha Vrs.
K.S.D.S. Univ.
16.11.1978 31.07.2019 Class-IV 05.11.2019 CWJC No.
17416 of 2022 Madan Jha Vrs.
K.S.D.S. Univ.
31.05.1981 31.03.2016 Class-IV 07.05.2021 CWJC No.
17903 of 2022 Nitya Nand Jha Vrs.
K.S.D.S. Univ.
18.11.1978 28.02.2021 Peon 28.02.2021 CWJC No.
18089 of 2022 Radha Devi Vrs.
K.S.D.S. Univ.
14.10.1980 (husband) 26.08.2018 Died 05.09.2021 6.
CWJC No.
18259 of 2022 Gulab Jha Vrs.
K.S.D.S. Univ.
28.01.1977 31.03.2015 Clerk 18.08.2021 7.
CWJC No.
18285 of 2022 Ram Ballab Jha Vrs.
K.S.D.S. Univ.
28.01.1977 31.01.2017 Assistant Professor 10.08.2021 8.
CWJC No.
18402 of 2022 Manjula Devi Vrs.
K.S.D.S. Univ.
20.07.1979 (husband) 08.12.2017 (husband died) Peon Paper submitted 9.
CWJC No.
Sunita Devi Vrs.
K.S.D.S. Univ.
18.11.1978 (husband) 18.12.2015 (husband died) Night Guard (ClassIV) 24.08.2021 10.
CWJC No.
Dr. Parmendu Pathak Vrs.
K.S.D.S. Univ.
20.06.1978 31.01.2021 Assistant Professor Paper submitted
3. Learned counsel appearing on behalf of the petitioners seeks disposal of the above writ petitions on the similar terms as has been passed in C.W.J.C. No. 808 of 2023, Parma Nand Jha Vrs. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga & Ors. on 26.04.2023.
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4. The petitioners may file detail representation before the Registrar of the University relating to redressal of their claims as prayed for in the above writ petitions.
5. Learned counsel further submits that the delay in making payment of retiral benefits was considered by a Division Bench of this Court in L.P.A. No. 1925 of 2011, arising out of C.W.J.C. No. 6534 of 2009 with respect to the University and the Division Bench has also passed on 11.05.2022 in CWJC No. 6852 of 2021 (Lilawati Mishra vs. the State of Bihar and Ors.).
6. Learned counsel appearing on behalf of the petitioners informs this Court that the petitioners have already represented before the Registrar of the University and the only delay in making payment is being caused by the Registrar of the University.
7. Mr. Deepak Kumar, learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioners within a period of three weeks.
8. In the meantime, the Vice Chancellor of the University must ensure that the Registrar of the University takes all the serious steps for making payment of the retiral dues admissible to the petitioners within a period of three weeks.
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9. At this stage, the learned counsel appearing on behalf of the University informs this Court that the University is stressed due to non-availability of fund and if it is true, the Vice Chancellor and the Registrar of the University should personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioners.
10. With the above observation and direction, the present writ petitions are disposed of.
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