Smt. Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18269 of 2023 ====================================================== Smt. Lalita Devi W/o Late Dr. Budhadeo Prasad Singh Resident of Village Post Sahpur P.S. Benipatti District Madhubani Present Mohalla Adarsh Nagar Ward No 11 Near Gyanoday School, Rajopatti Chakmahila P.O. Sitamarhi P.S. Town Thana, District Sitamarhi, Pin Code-843302. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Human Resources Department (Higher Education) Govt. of Bihar, Patna. 2.

The Lalit Narayan Mithila University through its Vice-Chancellor. 3.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Dharbhanga.

4.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Dharbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Dharbhanga.

6.

The Principal M.K.S. College, Chandauna, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the State :

Mr. Kameshwar Kumar, G.P.-17 For the University :

Mr. Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

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 or any appropriate writ/writs, order/orders, direction/directions commanding the respondent Authorities to pay three advance increments as incentive with all consequential benefits w.e.f. 01.09.2008 in lieu

Patna High Court CWJC No.18269 of 2023(2) dt.07-01-2025 2/3 of the Ph.D Degree obtained by the petitioner's husband during his service.

II) For issuance of direction to the respondent Authorities to make all due payments with 18% penal interest per annum and also to pay exemplary cost due to latches and harassing attitude to the respondents.

III) For issuance of an 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. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the order dated 10.02.2022 passed in C.W.J.C. No. 1599 of 2022, hence the present writ petition can also be disposed of in similar terms with consequential benefits.

4. In view of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Considering the aforesaid discussions, I deem it proper to direct the petitioner to file a detailed representation before the Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga (respondent no. 4) along with the supporting documents within a period of four weeks from the date of receipt/production of a copy of this order and the respondent no. 4 is directed to consider the representation of the petitioner and

Patna High Court CWJC No.18269 of 2023(2) dt.07-01-2025 3/3 pass a reasoned and speaking order in accordance with law keeping in view the order dated 10.02.2022 passed in C.W.J.C. No. 1599 of 2022 within ten weeks from the date of receipt of representation after affording an opportunity of hearing to the petitioner or through her counsel and if it is found that petitioner is entitled for any consequential benefit, the same shall be granted to her within three weeks thereafter.

6. Needless to state that the Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga (respondent no. 4) shall be solely responsible for non-compliance of this order within the stipulated period.

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

(Anjani Kumar Sharan, J) divyanshi/- U