Kamlawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20697 of 2025 ====================================================== Kamlawati Devi wife of Late Umapati Upadhyay, Resident of villageManiyar, Ward No. 06, P.S.- Maniyar, District- Balia (Uttar Pradesh). ... ... Petitioner/s
Versus
1.
The State of Bihar through its Additional Chief Secretary Education Department Government of Bihar, Patna.
2.
The Director of Higher Education Department, Government of Bihar, Patna. 3.
The Kamleshwar Singh Darbhanga Sanskrit University Kameshwar Nagar Darbhanga through its Registrar.
4.
The Vice Chancellor of Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga.
5.
The Registrar of Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.
6.
The Governing Body of Sri Ganesh Girivardhari Sanskrit College, Bakhtiyarpur District- Patna through its Secretary. 7.
The Principal of Sri Ganesh Girivardhari Sanskrit College Bakhtiyarpur, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Jha, Adv For the Respondent/s :
Mr.Additional Advocate General (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-12-2025 Heard the parties.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed for the grant of following reliefs:
"(i) For issuance of direction to the authorities concerned to immediate appoint the son of petitioner namely Krishna Kumar Upadhyay on the basis of
2/4 compassionate grounds in "Sri Ganesh Girivardhari Sanskrit College Bakhtiyarpur, Patna," which is permanent affiliated financial deficit grant aided unit of K.S.D.
S.U. Darbhanga, after considering the letter vide Memo No. 13293/Patna dated 05.10.1991 issued by the Joint secretary of Personal and Administrative Reforms department of the Government of Bihar as Annexure-P-8 in place of her deceased husband namely Late Umapati Upadhyay who died on 09.12.2020 due to hardship caused during the course of his service period.
(ii) For issuance of direction to the authorities concerned to instantly provide death cum other benefits for which petitioner is legally entitlement as per statutory provision of law."
4. After advancing some argument, learned counsel for the petitioner submits that for the reliefs claimed for in the present writ application, the petitioner has filed serveral representations, the latest one being dated 07.09.2024 vide Annexure- P/7 series before the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, which continues to be pending. Learned counsel for the petitioner
3/4 further submits that he would be satisfied if an appropriate direction be issued by this Court to the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, to dispose of pending representation of the petitioner on merit after giving an opportunity of hearing to the petitioner, within a fixed time frame by passing a reasoned and speaking order.
5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-University does not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, to dispose of the pending representation of the petitioner dated 07.09.2024 vide Annexure- P/7 series on merit, after giving an opportunity of hearing to the petitioner, within three months from the date of production of a copy of this order by the petitioner. Needless to emphasize that the final order which shall be passed by the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga,should be a reasoned and speaking order. It is made clear that if the petitioner is found entitled to the relief which he is claiming through the representation, the same shall be
4/4 extended to the petitioner within a further period of three months from the date of passing of the final order.
7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U