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Patna High CourtCWJC/33/2025withdrawn

Chandra Kant Jha v. The L.N. Mithila University

2025-07-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.33 of 2025 ====================================================== Chandra Kant Jha Son of Late Sone Lal Jha, R/o of 3 GM Road, P.O. - Lal Bagh, P.S. - Town Thana, Darbhanga, presently residing at Sushant Lake View Apartment, D-3, Fourth Floor, near Triloki Nath Shiv Mandir, Raj Kumar Ganj, P.S. - Town Thana, Town and District - Darbhanga. ... ... Petitioner/s

Versus

1.

The L.N. Mithila University Darbhanga, through its Registrar. 2.

The Vice-Chancellor, L.N. Mithila University, Darbhanga. 3.

The Financial Advisor, L.N. Mithila University, Darbhanga. 4.

The Registrar, L.N.Mithila University, Darbhanga. 5.

The Finance Officer, L.N.Mithila University, Darbhanga. 6.

The Deputy Registrar - 1, L.N.Mithila University, Darbhanga. 7.

The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

8.

The Director, Higher Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

9.

The Pay Verification Cell, Education Department, Govt. of Bihar, having its office in the building of Bihar State Text Book Publishing Corporation Ltd., Buddha Marg, Patna through its Authorized Officer. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Respondent/s :

Mr. Kameshwar Pd. Singh, GP-10 Mr. Virendra Kuar, AC to GP-10 For L.N. Mithila University Mr. Manoj Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2025

1. Heard learned counsel for the petitioner, Mr. Purushottam Kumar Jha, learned AC to GP-10 for the State and the learned counsel appearing on behalf of L.N. Mithila University.

2. The learned counsel for the petitioner submits that the instant writ application has been filed seeking following

Patna High Court CWJC No.33 of 2025(2) dt.03-07-2025 2/3 reliefs:- (i) To hold and declare that the Pay Verification Letter No. 05102108001590 of the petitioner (Annexure - P/15) issued by the Respondent No. 9 is in conformity with the law laid down by this Hon'ble Court in the case of Braj Kishore Singh as contained in Annexure P/21 & P/23 to this writ petition, and the order dated 27.09.2024 passed by this Hon'ble Court in CWJC No. 6316 of (Yogendra Paswan & Others / The 2015 and analogous cases (Yogendra Paswan & Ors. Vs. The State of Bihar & Others).

(ii) A writ in the nature of mandamus may kindly be issued by this Hon'ble Court, commanding the Respondents concerned to grant all due benefits to the petitioner, based upon the said Pay Verification Letter No. 05102108001590 (Annexure-P/15 to this writ petition).

(iii) Issuance of an Order, Direction or a Writ in the nature of Certiorari quashing Letter No. C/DR1/12168 / 22 dated 07.03.2022 (Annexure P/16), whereby the Registrar of the Respondent University has requested the Respondent Pay Verification Cell (Respondent No. 9) to make correction in the pay verification letter no. 05102008001590 (Annexure - P/15) of the petitioner and to issue fresh pay verification letter.

(iv) Issuance of an order, direction or a writ in the nature of Certiorari quashing Letter No. 579 dated 24.03.2022 (Ann-P/17), whereby the Respondent Pay Verification Cell, Education Department, Govt. of Bihar, Patna (Respondent No. 9) has stayed the operation of petitioner's Pay Verification Letter No. 05102008001590 (Annexure - P/15 to this writ petition).

(v) Issuance of an order, direction or a writ in

Patna High Court CWJC No.33 of 2025(2) dt.03-07-2025 3/3 the nature of mandamus commanding the Respondents concerned to make the payment of all the unpaid pre and post - retirement claims of the petitioner, on the basis of petitioner's Pay Verification Letter No. 05102008001590 (Annexure-P/15 to this writ petition).

(vi) Issuance of an order, direction or a writ in the nature of Mandamus commanding the respondents concerned to ensure the payment of penal interest over the said claims at least @ 12% per annum.

3. The learned counsel appearing on behalf of the petitioner, after arguing vehemently for some times realizing his difficulty, seeks permission to withdraw the writ application with liberty to file afresh, if petitioner is aggrieved by the subsequent pay fixation made by the Pay Verification Cell, Department of Education, Government of Bihar.

4. Permission is accorded.

5. Accordingly, the writ application is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) Rishabh/- U