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Dr.Md.Ghulam Mustafa v. T.M.Bhagalpur University and Ors.

Patna HC22 Jun 2012CWJC/10516/2012

Case brief

AI extract

What is this about?

The petitioner, a University Professor on lien working as Registrar elsewhere, sought repatriation to his parent post. The High Court issued a writ of mandamus directing the University to consider the request and pass a reasoned order within two months.

What did the court decide?

Mandamus issued to consider the request for repatriation and pass a reasoned order within two months.

Dr.Md.Ghulam Mustafa Vs T.M.Bhagalpur… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10516 of 2012

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====================================================== 1. Dr.Md.Ghulam Mustafa S/O Late Md. Sadiruddin Ahmed R/O MohallaSahebganj, P.S.-Kotwali, Distt-Bhagalpur .... .... Petitioner/s Versus 1. T.M.Bhagalpur University Bhagalpur, Through Its Registrar 2. Registrar, T.M.Bhagalpur University Bhagalpur 3. Vice Chancellor , T.M.Bhagalpur University Bhagalpur .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 22-06-2012 Heard learned counsel for the petitioner and the respondents.

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It is submitted that the petitioner holds the substantive post of a University Professor in the Post Graduate Department of Physics at the respondent University. He was sent on duty as Registrar from one place to another and presently he is working as Registrar, Maulana Mazharul Haque Arabic & Persian University, Patna. He still holds his lien of the substantive post of Professor. Despite repeated requests he has not been confirmed as a Registrar till date. His substantive post provides him additional advantages and for reasons of his health also he desires to be sent back to the post of Professor. His requests by representations have evoked no response and thus the present application.

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Even while the petitioner may not have the right to choose his place of duty, if he holds the substantive post of University Professor, was asked to discharge duties as a

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Patna High Court CWJC No.10516 of 2012 (2) dt.22-06-2012

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2 / 2

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Registrar, the Court finds no legal infirmity in his request to be sent back to his parent post on which he holds a lien.

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Mandamus is issued to consider his request for repatriation to his substantive post and if the respondents propose to deny the same, in the peculiar facts of the case they are required to pass a reasoned and speaking order.

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Let respondent no. 3 dispose off the

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representation of the petitioner by a reasoned and speaking order within a maximum period of two months from the date of receipt/ production of a copy of this order.

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The writ application stands disposed.

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P. Kumar/- (Navin Sinha, J)

Dr.Md.Ghulam Mustafa v. T.M.Bhagalpur University and Ors.

Case brief

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What did the court decide?

Dr.Md.Ghulam Mustafa v. T.M.Bhagalpur University and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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