Dismissed

Dr. Abdul Latif v. Bhupendra Narayan Mandal University and Ors.

Patna HC18 Apr 2014L.P.A/374/2014

Case brief

AI extract

What is this about?

The Patna High Court disposed of a Letters Patent Appeal filed by an appellant seeking salary arrears. The Single Judge had earlier remitted the matter for a decision on sanctioned posts. The appellant withdrew the appeal but sought an opportunity of hearing before an administrative decision. The Court allowed the withdrawal and directed the Principal Secretary to decide within two months after he

What did the court decide?

Appeal disposed of as withdrawn. Direction issued to Principal Secretary to decide the matter within two months after giving opportunity of hearing to all concerned.

Dr. Abdul Latif Vs Bhupendra Narayan Mandal… — Pension and Retirement Benefits | Patna HC (2014)

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Patna High Court LPA No.374 of 2014 (5) dt.18-04-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.374 of 2014

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Civil Writ Jurisdiction Case No. 20737 of 2012

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====================================================== 1. Dr. Abdul Latif Son Of Md. Maqbool Hussain, Associate Professor In Department Of Botany, K.B. Jha College, Katihar, P.O., P.S. And District - Katihar, Presently Working As Program Co - Ordinator, National Service Scheme, Bhupendra Narayan Mandal University, Madhepura

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.... .... Appellant/s Versus 1. Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Through The Vice Chancellor

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The Vice Chancellor, Bhupendra Narayan Mandal University, Laloonagar, Madhepura

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The Registrar, Bhupendra Narayan Mandal University, Laloonagar, Madhepura

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The Finance Officer, Bhupendra Narayan Mandal University, Laloonagar, Madhepura

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The Principal, K.B. Jha College, Katihar, P.O., P.S. And District - Katihar

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.... .... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr. Shashi Bhushan Kumar Manglam, Adv. For the Respondent/s : Mr. Arbind Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and

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HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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5 18-04-2014 The appellant, claiming to be an Associate Professor in the Department of Botany, filed C.W.J.C. No. 20737 of 2012, seeking therein a direction to be issued to the respondent University including the Principal, K. B. Jha College, Katihar, for payment of arrears and current salary to the appellant.

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2. The case of the appellant, in the writ petition,

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Patna High Court LPA No.374 of 2014 (5) dt.18-04-2014

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was founded on the ground that there are two sanctioned posts of Botany in K. B. Jha College, Katihar, and he had been appointed against the second sanctioned post. The claim of the appellant was disputed by the Principal of K. B. Jha College, Katihar, as well as by the respondent University.

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3. As there was no counter affidavit filed on behalf of the State with respect to the number of posts, which stood sanctioned in the Department of Botany, a learned Single Judge of this Court, by order, dated 11.12.2013, remitted the matter to the Principal Secretary, Education Department, Government of Bihar, for taking a firm decision on the question as to whether a second post, in the Department of Botany stood, sanctioned or not. It was further observed that the Principal Secretary, Education Department, Government of Bihar, should take a decision as early as possible, but not beyond the period of four months from the date of receipt of the order.

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4. Being aggrieved by the order of learned Single Judge, the appellant has preferred this appeal.

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5. However, after some arguments, learned counsel for the appellant has sought to withdraw this appeal seeking an early disposal of the matter by the Principal Secretary, Education Department, after providing

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Patna High Court LPA No.374 of 2014 (5) dt.18-04-2014

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an opportunity of hearing to the appellant herein.

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6. Having regard to the facts and circumstances of the present case, this appeal is, in the interest of justice, disposed of as withdrawn with direction to the Principal Secretary, Education Department, Government of Bihar, to dispose of the matter within a period of two months from the date of receipt of a copy of the order after providing opportunity of hearing to not only the appellant, but also all concerned.

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7. It is, however, made clear that if the appellant feels aggrieved by the decision, which may be arrived at by the Principal Secretary, Education Department, Government of Bihar, or by the order, which may be passed by Principal Secretary, Education Department, Government of Bihar, the appellant shall remain at liberty to take recourse to such provisions of law as may be permissible.

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KHAN/-

Dr. Abdul Latif v. Bhupendra Narayan Mandal University and Ors.

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Dr. Abdul Latif v. Bhupendra Narayan Mandal University and Ors.

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