Disposed

Arvind Kumar v. the State of Bihar and Ors.

Patna HC10 Jul 2013MJC/2510/2012

Case brief

AI extract

What is this about?

The High Court disposed of a petition seeking contempt proceedings for non-compliance of directions to consider a pay scale representation. The Court held that while the representation was decided, the merits remained unchallenged, and liberty was granted to challenge the order on merits. Contempt was not initiated.

What did the court decide?

Liberty granted to petitioner to challenge the University order on merits; contempt proceedings not initiated.

Arvind Kumar Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2510 of 2012

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====================================================== Arvind Kumar, Son of Ram Autar Singh, Resident of Village Dakshinichak, P.A. Athmalgola, District Patna.

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.... .... Petitioner-Appellant Versus

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The State of Bihar. 2. Mr. S. Shiv Kumar, Secretary, Higher Education, Government of Bihar, Patna. 3. The Patna University, through its Registrar. 4. Dr. Sambhu Nath Singh, the Vice-Chancellor, Patna University, Patna. 5. Mr. Vibhash Yadav, the Registrar, Patna University, Patna. 6. Dr. Umesh Mishra, the Principal, Vanijya Mahavidyalaya, Patna University, Patna. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sharad Kumar Sinha, Advocate For Patna University : Mr. Digvijay Singh, Advocate For the State : Mr. P.K. Verma, A.A.G. 5 Dr. Mankeshwar Tiwari, A.C. to A.A.G. 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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

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4 10-07-2013 Heard Mr. Sharad Kumar Sinha, learned counsel for the petitioner, Mr. Digvijay Singh, learned counsel for Patna University and its authorities as well as learned counsel for the State of Bihar.

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This petition has been filed for initiating a contempt proceeding against the opposite parties for their willful disobedience and non-compliance of order dated 26.08.2011, passed in L.P.A. No. 832 of 2011 which was disposed of with the following observations/directions:

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Patna High Court MJC No.2510 of 2012 (4) dt.10-07-2012

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2 / 2

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“It is expected that the University shall consider the representation in accordance with law and expeditiously, preferably, within three months. In case the pay scale prescribed in annexure-7/1 is being granted to other similarly situated employees, the same should be made available to the appellant also unless there be some special reasons for denying that pay scale to the appellant. In case there are special reasons for denying the pay scale, reasons must be communicated to the appellant within three months.”

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It is an admitted case that the representation of the

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petitioner has been decided by the University vide order of the Vice-Chancellor communicated vide letter dated 19.12.2011 issued under the signature of its Registrar. In the said circumstances, the order of this Court has been complied. However, so far the merit of the said order which is challenged by the petitioner in this Court, is concerned, it cannot be decided under the contempt jurisdiction. In the said circumstances, this petition is disposed of with a liberty to the petitioner to challenge the said order of the University before an appropriate forum.

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(S.N. Hussain, J.)

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(Ahsanuddin Amanullah, J.)

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Sanjay/-

Arvind Kumar v. the State of Bihar and Ors.

Case brief

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Arvind Kumar v. the State of Bihar and Ors.

Case brief

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