Disposed

Noor Jahan v. The Patna University Through Its Registrar Sri Manoj Kumar and Ors.

Patna HC8 Jul 2013MJC/1125/2013

Case brief

AI extract

What is this about?

This order addressed objections regarding family pension payment delays and conduct of University counsel. The Court held that pension issuance sufficed and directed the Vice Chancellor to review the panel lawyer allocation.

What did the court decide?

Petition disposed with liberty to approach Vice-Chancellor if dissatisfied with amounts.

Noor Jahan Vs The Patna University Through Its… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1125 of 2013

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Letters Patent Appeal No. 299 of 2008

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Civil Writ Jurisdiction Case No. 6016 of 2006

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====================================================== Noor Jahan W/O Late Ali Hasan, Previously R/O Staff Quarter Iqbal Hostel, Patna College, P.S. Pirbahore, Town -District - Patna Presently Resident Of Village Katahari, P.O. + P.S. Chakand, District – Gaya.

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.... .... Petitioner/s

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Versus

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The Patna University through its Registrar Sri Manoj Kumar 2. Sri Shambhu Nath Singh, Vice Chancellor, Patna University, Patna 3. Sri Manoj Kumar, Registrar, Patna University, Patna 4. Sri Ras Bihari Singh, Principal, Patna College, Patna 5. The State of Bihar through Chief Secretary .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi with Mr. Sanjeet Kumar Singg, Advocates For the University : Mr. B. P. Pandey, Sr. Advocate, Dr. Kumar Amitesh and Mr. K. N. Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER (Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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7 08-07-2013 The Vice-Chancellor and the Registrar, Patna University are present in Court as per the direction of this Court.

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Heard learned counsel for the petitioner and learned

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Patna High Court MJC No.1125 of 2013 (7) dt.08-07-2013

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2/5

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counsel for the Patna University and its authorities as well as a couple of lawyers included in the panel of the Patna University.

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So far the question of contempt is concerned a supplementary show cause has been filed on behalf of the opposite party stating that in pursuance of legal advise obtained, family pension P.P.O. has been issued in the name of the petitioner and other death-cum-retrial benefits have been issued giving equal share to all claimants including petitioner and they have been informed accordingly. Learned counsel for the petitioner produces pension payment order of Patna University dated 29.06.2013 which supports the aforesaid statement of the opposite parties.

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Learned counsel for the petitioner raises objection that the said amount has not yet been paid to the petitioner or deposited in her Bank Account but from the arguments of the parties it becomes clear that the petitioner has opened her account in Allahabad Bank, P.U. Branch on 29.06.2013. However, by issuance of P.P.O. giving also the rate of family pension etc., which has to be given by the University, it is only left for the Bank to calculate as per the given rate and to pay according to the said calculations. It is expected that it will be done soon. The opposite parties have tendered unqualified and unconditional apology for the delay caused.

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Patna High Court MJC No.1125 of 2013 (7) dt.08-07-2013

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3/5

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So far the question of change of counsel midway during the pendency /arguments of cases is concerned, an affidavit has been filed on behalf of the Patna University stating that the earlier order has been re-considered and fresh order has been issued after realising the real facts. The choice of counsel is the prerogative of the client which in this case is the Patna University. Hence, this Court does not want to interfere in the choice of lawyers in any particular case. However, when a panel is prepared, the Vice-Chancellor has to choose lawyers from the said panel and it is always better that the cases be distributed among the lawyers in the panel because giving all the cases of the University to one lawyer of the panel may create disparity and bickerings in the legal fraternity, which is neither good for the Court nor for the University nor even for the cases in which they are appearing. In this view of the matter, this Court does not want to make any comment on the said issue except that it should be done in accordance with the statute and if the Vice-Chancellor feels any difficulty he is always free to seek appropriate instructions from the Chancellor.

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A document has come to light during this proceeding that the panel of lawyers for the University was approved by the Chancellor in August, 2011 and information in that respect was

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Patna High Court MJC No.1125 of 2013 (7) dt.08-07-2013

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sent to the Vice-Chancellor, Patna University vide letter dated 30.08.2011 but the same was notified by the Registrar, Patna University on 12.03.2012. This along with frequent changes of lawyers and giving the entire file to one counsel and then taking away from him and giving them to another counsel clearly shows that it is not being done in a proper manner. The Vice-Chancellor of Patna University is a person of high repute and integrity and hence his subordinates and advisers including the Registrar must follow him and develop sensitivity towards the problems and difficulties of the University and its employees, specially the retired teaching and non teaching employees.

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In this regard one of the panel lawyers of the University Dr. Kumar Amitesh Chandra produced certain documents before the Court considering which the Vice Chancellor assured the Court to look into the matter and consider his case accordingly in view of the above discussions. Hence after the said assurance given by the Vice Chancellor Mr. Arun Kumar Sinha, this matter also comes to end.

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With the aforesaid, observations this M.J.C. is disposed of with a liberty to the petitioner to approach the Vice Chancellor if he is not satisfied with the amounts given to her.

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Patna High Court MJC No.1125 of 2013 (7) dt.08-07-2013

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5/5

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The Registrar General of this High Court is directed to

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send a copy of this order to the Chancellor of the University.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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(Ahsanuddin Amanullah, J)
Anjani/-

Noor Jahan v. The Patna University Through Its Registrar Sri Manoj Kumar and Ors.

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Noor Jahan v. The Patna University Through Its Registrar Sri Manoj Kumar and Ors.

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