Allowed

Kusum Kumari v. Kameshwar Singh and Ors.

Patna HC2 Nov 2018CWJC/10017/2010

Case brief

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What is this about?

Writ petition by a clerk against the University and State of Bihar seeking regularization. Court allowed the petition relying on a coordinate bench order and SUPREME COURT judgment, directing the University to pass an order on the claim within four months.

What did the court decide?

Direction to respondent University to decide claim on regularization within four months of receipt of order.

Kusum Kumari Vs Kameshwar Singh and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10017 of 2010

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Kusum Kumari D/O Sri Ram Ratan Mishra R/O Mohalla- Amarur, P.S.- Dovi, Distt.- Gaya, At Present Working As Clerk In Nityanand Sanskrit Mahavidyalaya, Amarur, Gaya

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... ... Petitioner/s

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Versus

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Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Distt.- Darbhanga Through Its Registrar

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The Vice-Chancellor Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Distt.- Darbhanga

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The Registrar Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Distt.- Darbhanga

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Governing Body, Nityanand Sanskrit Mahavidyalaya Amarut, Distt.- Gaya Through Its Secretary

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The State Of Bihar Through Principal Secretary (HIGHER Education), Human Resources Development Department, Bihar, Patna

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Durga Nand Jha For the Respondent/s : Mr. (Sc3) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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5 02-11-2018

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Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

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Learned counsel for the petitioner submits that the case of the petitioner is similar to that of Barun Kumar Bhattacharya, petitioner in C.W.J.C. No. 1930 of 2012, which was disposed of by a co-ordinate Bench of this Court vide order dated 31.01.2012. He submits that in the light of the judgment of the Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi(3) [2006(2) PLJR 363 (SC)] that writ petition was disposed of with a direction to the University to take

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Patna High Court CWJC No.10017 of 2010(5) dt.02-11-2018 2/2

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appropriate decision on the claim of the petitioner for regularization as one time measure. He submits that the case of the present petitioner deserves similar treatment.

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Considering the aforesaid, the writ application is disposed of with direction to the respondent-University to take appropriate decision in the matter of the petitioner also in the light of the order of this Court in C.W.J.C. No. 1930 of 2012 and pass necessary order on the claim of the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Kusum Kumari v. Kameshwar Singh and Ors.

Case brief

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Kusum Kumari v. Kameshwar Singh and Ors.

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