Partly allowed

Anant Mohan Jha v. the B.N.Mandal University and or

Patna HC5 May 2015L.P.A/389/2008

Case brief

AI extract

What is this about?

In this letters patent appeal, the High Court of Patna directed the Vice-Chancellor of B.N. Mandal University to finally decide the appellant's claim regarding qualifying service for retirement benefits within three months, relying on a Three-Man Committee report. The court also directed a rectification of errors in the calculation of benefits.

What did the court decide?

The appellate court directed the Vice-Chancellor to take a final decision on qualifying service based on the Three-Man Committee report within three months and to decide on the accuracy of benefit cal

Anant Mohan Jha Vs the B.N.Mandal University and or — Education and Admissions | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.389 of 2008 IN

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Civil Writ Jurisdiction Case No. 8014 of 2003 =========================================================== Anant Mohan Jha, S/o Late Rash Mohan Jha, resident of village-Jehanpur, P.S.Jokihat, District-Arariya

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.... .... Appellant/s Versus 1.The B.N.Mandal University , Madhepura through its Registrar 2. The Vice-Chancellor, B.N.Mandal University, Madhepura 3. The Registrar, B.N. Mandal University, Lalu Nagar, Madhepura 4. The L.N. Mithila University, Darbhanga through its Registrar 5. The Vice Chancellor, L.N. Mithila University, Darbhanga. 6. The Registrar, L. N. Mithila University, Darbhanga 7. The Principal, Arariya College, Araria. 8. The Commissioner-cum-Secretary, Department of High Education(now known as the Department of Human Resources Development), Government of Bihar, New Secretariat, Patna. 9. The Director, Higher Education Department, Government of Bihar, New Secretariat, Patna. 10 The Commissioner-cum-Secretary Department of Finance, Government of Bihar, Old Secretariat, Patna.

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.... .... Respondent/s

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=========================================================== Appearance : For the Appellant/s : Mr. Purushottam Kr.Jha For the Respondent/s : Mr. Shashi Bhushan ============================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Date: 05-05-2015

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The appellant is the petitioner in C.W.J.C.No. 8014 of 2003. He retired from the post of Reader in Economics from Ara College at Ara, which happens to be the constituent Collage of B. N. Mandal

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Patna High Court LPA No.389 of 2008 dt.05-05-2015

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University, Madhepura. He was extended the retirement benefits. However, his grievance is that though he joined the service of the Institution on 18-7-1973, his qualifying service was calculated only from 15-11-1975, and as regards some other aspects, they are calculation errors. The University opposed the writ petition. It was pleaded that the retirement benefits were extended to the petitioner, as per his entitlement and nothing is due to him.

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The learned single Judge dealt with the matter on three sub-heads. The first was about the non-accuracy of the calculation chart. As regards that, the University was directed to verify from the records as to whether the two amounts, namely, Rs.24,475/- and Rs. 13,638/- were paid to the petitioner, and if it emerged that the amounts were not paid, steps shall be taken to rectify the mistake.

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The second bone of contention was about the date from which the qualifying service of the petitioner shall be reckoned. While according to the appellant, it is 18-7-1973, as per the University, it is 15-11-1975. On this aspect, it was left open to him to make a representation, together with evidence in support of his plea and direct the University to decide the matter. We are not immediately concerned with the third one

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Learned counsel for the appellant submits that the direction as to the rectification of error was not undertaken by the

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Patna High Court LPA No.389 of 2008 dt.05-05-2015

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University so far. It is also represented that the University itself appointed a Three-Man Committee to look into the issue appertaining to qualifying service, and though the Committee accepted this claim, the Vice-Chancellor has not taken any decision so far. This is not disputed by the learned counsel for the University.

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In this scenario, we allow this appeal, directing that(a) the Vice-Chancellor of the University shall take final decision, based upon the report said to have been submitted by the Three-Man Committee as regards the qualifying service of the petitioner within a period of three months from today; (b) the petitioner shall be entitled to submit a representation as regards the accuracy of the calculation; and (c) the order as regards that, shall be passed within the same time i.e., three months.

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B.KRoy/-

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(L. Narasimha Reddy,CJ)

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(Sudhir Singh, J)

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Anant Mohan Jha v. the B.N.Mandal University and or

Case brief

What is this about?

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Anant Mohan Jha v. the B.N.Mandal University and or

Case brief

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