Arwind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5076 of 2019 In Letters Patent Appeal No.857 of 2018 ====================================================== 1.1. Uma Singh wife of Late Arwind Kumar Singh, resident of VillageRahimpur, Police Station-Khagaria, District-Khagaria. 1.2. Kumar Priyadarshi, son of Late Arwind Kumar Singh, resident of VillageRahimpur, Police Station-Khagaria, District-Khagaria. 1.3. Samdarshi, son of Late Arwind Kumar Singh, resident of Village-Rahimpur, Police Station-Khagaria, District-Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, namely R.K. Mahajan, Son of not known, Education Department, New Secretariat, Bailey Road, Patna.

2.

Sarva Narayan Jha Son of not known Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3.

Dr. Sudhir Kumar Choudhary son of not known Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 4.

Dinesh Prasad Singh, Principal son of not known Awadh Bihar Sanskrit Mahavidyalaya, Rahimpur, Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Singh, Advocate For the KSDU :

Mr.Deepak Kumar, Advocate For the State :

Mr.Shashi Shekar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 03-07-2024 The present MJC is filed for non-compliance of the orders of this Court passed in LPA No. 857 of 2018 dated 01.04.2019 read with the order passed in CWJC No. 16296 of

Patna High Court MJC No.5076 of 2019(7) dt.03-07-2024 2/3 2017 dated 16.05.2018.

2. Limited directions are that whether Late Arwind Kumar Singh employment/appointment was in order or not and it is required to be examined by the Principal Secretary (Additional Chief Secretary), Education Department, Government of Bihar. Further, observation is whether he is entitled for terminal benefits or not? In respect of first issue to the extent that Late Arwind Kumar Singh employment/appointment was not in accordance with law to that effect a decision has been taken by the Principal Secretary (Additional Chief Secretary), Education Department, Government of Bihar on 09.03.2022 and the same has been placed on record vide Annexure-B to the supplementary showcause filed on behalf of the Opposite Party No. 3. In view of the fact that first issue is not in favour of the deceased-Arwind Kumar Singh. In the result second issue relating to terminal benefits is concerned is not warranted at this stage.

3. Accordingly, the present MJC No. 5076 of 2019 stands disposed of, reserving liberty to the legal heirs of the deceased-Arwind Kumar Singh to assail the decision of the Principal Secretary (Additional Chief Secretary), Education Department, Government of Bihar dated 09.03.2022 vide

Patna High Court MJC No.5076 of 2019(7) dt.03-07-2024 3/3 Annexure-B to the supplementary show-cause filed on behalf of the Opposite Party No. 3 dated 03.07.2024, in accordance with law.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U