Dr. Brijendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17672 of 2023 ====================================================== Dr. Brijendra Kumar Singh Son of Raj Ballave Singh, resident at - Rajeshwar Bihar Colony, Phase - I, Dariyapur Road, Parsa Bazar, Kurthaul, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary,Education Department, Government of Bihar, Patna.

2.

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

3.

The Vice-Chancellor, Jai Prakash University, Chapra, P.S.- Mufasil, DistSaran. 4.

The Registrar, Jai Prakash University, Chapra, P.S.- Mufasil, Dist- Saran. 5.

The Finance Officer, Jai Prakash University, Chapra, P.S.- Mufasil, DistSaran. 6.

The Selection Committee through its Chairman, Jai Prakash University, Chapra, P.S.- Mufasil, Dist- Saran.

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

Mr. Bipin Kumar, Adv.

For the Respondent/s :

Mr. Addl. Advocate General ( 13 ) For the JPU :

Mr. Bindhyachal Rai, Adv.

Mr. Chandan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Jai Prakash University, Chapra.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

(I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent University to notify the name of the petitioner by granting

Patna High Court CWJC No.17672 of 2023(2) dt.03-01-2025 2/3 promotion to the post of University Professor in the faculty of Mathematics with all consequential monetary benefit as the petitioner is fulfilling all the requisite conditions as laid down in the statute, but he has not been promoted mere for the reason that he has been retired from active service, though the promotion of the petitioner is due w.e.f. 30.06.2020 when the petitioner was in active service, moreover, under similar circumstances, even not only retired rather the employees died and whose promotion was due, have been given promotion under the same statute.

(II) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner along with others had filed an appeal before the Office of Hon'ble Chancellor for redressal of their grievances and the said appeal was allowed vide order dated 29.10.2024 holding inter alia that:

"The appellants are entitled for the promotion and the University is directed to consider the same within one month from communication of this order."

4. In such view of the matter, I deem it proper to direct the petitioner to file a detailed representation before the Vice

Patna High Court CWJC No.17672 of 2023(2) dt.03-01-2025 3/3 Chancellor, Jai Prakash University, Chapra, P.S. Mufasil, Saran (respondent no.3) along with the supporting documents as well as the order dated 29.10.2024 passed by the office of Hon'ble Chancellor within a period of four weeks from today and the respondent no.3 is directed to consider the representation of the petitioner and pass a reasoned and speaking order within eight weeks from the date of receipt of representation after affording an opportunity of hearing to the petitioner or through his counsel and if it is found that the petitioner is entitled for any consequential benefit, the same shall be granted to him within eight weeks thereafter.

5. Needless to state that the the Vice Chancellor, Jai Prakash University, Chapra, P.S. Mufasil, Saran (respondent no.3) shall be solely responsible for non-compliance of this order within the stipulated period.

6. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U