Lalit Narayan Mithila University v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1806 of 2018 In Civil Writ Jurisdiction Case No.4066 of 2018 ====================================================== Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its registrar ... ... Appellant/s
Versus
1.
The State Of Bihar and Ors 2.
Dr. Arun Kumar Thakur,son of late Hirday Kant Thakur,resident of at P.O.- Barha,P.S.-Arerh,District 3.
Dr. Lakshmi Narayan Thakur,son of Late Bhagwat Thakur,resident of At P.O.-Yamsham,P.S.-Pandual,Dis 4.
Dr. Tej Naryan Thakur,son of late Ram Karan Thakur,Resident of At Balbhadrapur,P.O.-Laherisarai,P.S 5.
Prof. Rati Kant Jha,son of Late Ramala Kant Jha,resident of At P.O. -Koilakh,P.S.-Rajangar,District 6.
Dr. Rambalak Choudhary,Son of late Madhukant Choudhary,resident of At Sahora,P.O.-Anandpur,P.S.-APM 7.
Usha Kumari,wife of Shri Umesh Mishra,resident of Mohalla-Dil Khush BaghRam Bagh Post-Darbhanga,P.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Md. Nadim Seraj, Advocate Mr Iqbal Asif Niazi, Advocate For the State :
Mr.Ashutosh Ranjan Pandey- AAG15 Mr. S.S. Tiwari, AC to AAG 15 For the Respondent :
Mr. Abhinav Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-07-2024 Re: I.A. No. :- 01 of 2020 Heard I.A. No. 01 of 2020. There is delay of about 125 days in filing the present L.P.A. No. 1806 of the 2018.
2. For the reasons stated in the application read with
Patna High Court L.P.A No.1806 of 2018(8) dt.05-07-2024 2/3 affidavit, delay of about 125 days in filing the present L.P.A. No. 1806 of 2018 is condoned.
3. Accordingly, I.A. No. 01 of 2020 is allowed.
4. Appellant - Lalit Narayan Mithila University has assailed the order of learned Single Judge dated 18.07.2018 passed in C.W.J.C. No. 4066 of 2018 .
5. Gist of the matter is that respondents were employees of the Lalit Narayan Mithila University. Their services were absorbed in the light of certain judicial pronouncement. Thereafter, the same was reviewed. Resultantly, contesting respondents preferred C.W.J.C. No. 4066 of 2018 and it was decided in their favour on 18.07.2018.
6. Prima facie, appellant has not made out a case. However, learned counsel for the university on instruction submitted that identical matters are pending considerations before the Hon'ble Supreme Court in SLP matters Diary No. 27892 of 2024 (State of Bihar Vs Magadh University and Others)
7. Accordingly, we disposed of this L.P.A. Disposal of the present L.P.A. while affirming order of learned Single Judge dated 18.07.2018 passed in C.W.J.C. No. 4066 of 2018 would not be a hurdle for the University to the extent that, in the event
Patna High Court L.P.A No.1806 of 2018(8) dt.05-07-2024 3/3 of S.L.P. was in their favour / State in that event, University appellants are permitted to file interlocutory application to revive this order.
8. Accordingly, the present L.P.A. No. 1806 of 2018 stands disposed of.
9. Pending I.A.'s, if any, stands disposed of. (P. B. Bajanthri, J) (Alok Kumar Pandey, J) alok/- U