Dismissed

Raqaiya Khatoon v. The State Of Bihar and Ors.

Patna HC23 Oct 2013MJC/6556/2012

Case brief

AI extract

What is this about?

This is a contempt application challenging the alleged disregard of a previous order on pension dues. The court observed that the petitioner's grievance was disposed of by a reasoned order by the Vice Chancellor, thus finding no wilful violation. The application was dismissed.

What did the court decide?

The contempt application filed against the State and University respondents is dismissed; the petitioner is at liberty to approach the University if any dues remain unpaid.

Raqaiya Khatoon Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.6556 of 2012 ====================================================== Raqaiya Khatoon W/O Late Shah Azimur Rahman Resident Of MohallaShah Zubair Road, Munger, Police Station- Kotwali, District- Munger. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Anjani Kumar Singh, The Principal Secretary, Higher Education Department Of Human Resources And Development Presently Known As Education Department, Government Of Bihar, Patna. 3. The Tilka Manjhi Bhagalpur University, Bhagalpur Through Its Rgistrar Vijay Kumar Singh. 4. Vimal Kumar, The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. Vijay Kumar Singh, The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6. Ashutosh Kumar, The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 7. Mr. Surendra Ram Nand, The Principal J.M.S. College, Munger. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 23-10-2013 Heard learned counsel for the petitioner, the |State as well as the University and its functionaries. The application raises a grievance that the order dated 10.05.2012 passed on her writ petition being CWJC No. 3925 of 2012 (Annexure-1) has been deliberately/wilfully disregarded/disobeyed by the opposite parties. The writ application was disposed of on 10.05.2012 operative portion whereof is extracted hereinbelow:- Regard being had to the above, this Court disposes of the application by the following order:-

¶2

Patna High Court MJC No.6556 of 2012 (4) dt.23-10-2013

¶3

2 / 3

¶4

Let the petitioner file a representation detailing his grievance relating to merger of 50 % of Dearness Allowance with the basic Pension/Family Pension of the petitioner in the light of the order of this Court (Annexure-3) as also difference of arrears of salary within five weeks together with a copy of this order whereafter the same shall be examined by the ViceChancellor of the University (respondent No. 3) who shall take appropriate decision as per law within six weeks from the date of filing/presentation. Depending on the said decision to be taken by the said respondent, this Court would expect that appropriate steps shall be taken to ensure authorization within six weeks thereafter.

¶5

A show cause duly affirmed by the Officer-on-Special Duty in the University has been filed stating therein that admissible dues under diverse head(s) after verification by the State Government Auditor have been paid to the petitioner. The revision of family pension has also been ordered and the amount accruing thereunder has also been paid to the petitioner. The representation of the petitioner thereafter has been considered and disposed of by a reasoned order dated 19.10.2013 copy whereof has been enclosed as Annexure-A to the show cause. On perusal of the order contained in Annexure-A, it appear that the Vice Chancellor has disposed of the representation of the petitioner by a reasoned order.

¶6

Patna High Court MJC No.6556 of 2012 (4) dt.23-10-2013

¶7

3 / 3

¶8

Regard being had to the order passed on the writ petition and the statements made in the show cause particularly the order passed by the Vice Chancellor of the University contained in Annexure-A, this Court is of the considered opinion that the opposite party cannot be held to have acted wilfully/deliberately in disregard/violation of the order passed by this Court

¶9

If certain amount still remains unpaid the petitioner shall be at liberty to approach the concerned authority of the University ventilating the said grievance.

¶10

The contempt application is dismissed.

¶11

(Kishore Kumar Mandal, J)

¶12

HR/-

Raqaiya Khatoon v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Raqaiya Khatoon v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Narendra Kumar Vs the State of Bihar and Ors.

Balbhadra Jha Vs the Chairman Bihar Sanskrit Sh

Arshad Hussain and Ors. Vs the State of Bihar and Ors.

Dr.Anil Kumar Tiwary Vs the State of Bihar and Ors.

Uttam Kumar Das Vs the State of Bihar and Ors.

Keshari Kant Sharma Vs the State of Bihar and Ors.