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Keshari Kishore Sharan,Advocat v. v.C.,Magadh University and Ors.

Patna HC12 Jan 2015CWJC/14342/2008

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What is this about?

Petitioner sought writ rights regarding unpaid pension dues of his late mother. University stated dues were paid except revised pension pending succession certificate. Court disposed of writ allowing petitioner to demand payment from heirs via college.

What did the court decide?

Writ application disposed of with liberty to petitioner to move the University/College for payment of dues upon submitting valid succession documents.

Keshari Kishore Sharan,Advocat Vs v.C.,Magadh… — Succession and Inheritance | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14342 of 2008

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====================================================== Keshari Kishore Sharan, Advocate, son of late Ramji Sharan, Advocate, Resident of Hari Har Niketan, IB,Ashok Nagar, P.S. Kankarbagh, Distt. Patna. .... .... Petitioner/s

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Versus

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1. Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 2. Finance Officer, Magadh University, Bodh Gaya, Gaya

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Registrar, Magadh University, Bodh Gaya, Gaya

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The Principal, Shri Arvind Mahila College, Kazipur, P.S. Kadamkuan, District Patna.

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.... .... Respondent/s

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

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For the Petitioner/s : For the Respondent/s :

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======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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7 12-01-2015 Pursuant to order dated 05.01.2015, the Registrar of Magadh University is present in Court.

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Nobody had appeared on behalf of the petitioner on 05.01.2015 and today also nobody is appearing on behalf of the petitioner.

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Learned counsel for the University submits that all dues of the late mother of the petitioner have been paid except for arrears of revised pension and for payment of leave encashment as

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Patna High Court CWJC No.14342 of 2008 (7) dt.12-01-2015

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2/2

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well as arrears of salary, the amount has been sent to the principal of the concerned College. It is submitted that the petitioner is not the sole heir and thus in the absence of information with regard to distribution of amount to be paid, the University is not in a position to make payment to the petitioner. However, it is further submitted that as soon as the heirs of the late mother of the petitioner come up with either succession certificate or a valid and legally acceptable document to claim such payment, the same shall be released by the University as well as the College concerned in terms thereof within four weeks thereafter.

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In view of the aforesaid stand of the University as well as nobody appearing on behalf of the petitioner today, the writ application stands disposed off with liberty to the petitioner and other heirs of the deceased mother of the petitioner to move the University/College in terms of the stand of the University and observations made hereinabove.

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The appearance of the Registrar, Magadh University stands dispensed with.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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Keshari Kishore Sharan,Advocat v. v.C.,Magadh University and Ors.

Case brief

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Keshari Kishore Sharan,Advocat v. v.C.,Magadh University and Ors.

Case brief

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