Dismissed

Shree Bhadra Jha v. Lalit Narayan Mithila University

Patna HC25 Apr 2022MJC/805/2021

Case brief

AI extract

What is this about?

This miscellaneous jurisdiction case challenged the maintainability of an application seeking modification of a final order dated 01.05.2019 regarding pension interest calculation. The single-judge bench held such a challenge was not maintainable in a separate application, directing the petitioner to file a review petition or file a leave petition instead.

What did the court decide?

The application challenging the final order dated 01.05.2019 is rejected; the petitioner is directed to file a review application.

Shree Bhadra Jha Vs Lalit Narayan Mithila… — Pension and Retirement Benefits | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.805 of 2021

¶2

¶3

Miscellaneous Jurisdiction Case No.2821 of 2016

¶4

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

¶5

Shree Bhadra Jha Son of Late Nand Kishore Jha Resident of Village- Rewari, P.S.- Angarghat, District- Samastipur.

¶6

... ... Petitioner/s

¶7

Versus

¶8

Lalit Narayan Mithila University Through its Registrar Kameshwar Nagar Darbhanga.

¶9

Sri Saket Kushwaha Father name not known to the petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga.

¶10

Sri Ajit Kumar Singh Fathers name is not known to the petitioner Registrar, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga.

¶11

Sri Ram Barat Thakur Fathers name not known to the petitioner Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga.

¶12

Dr. Jay Shanker Prasad Fathers name not known to the petitioner Principal, Samastipur College, Samastipur.

¶13

Sardar Arwind Singh Fathers name not known to the petitioner The Principal, R.N.A.R. College, Samastipur.

¶14

The State of Bihar Through Sri R.K. Mahajan, the Principal Secretary, Department of Education, Government of Bihar, Patna.

¶15

... ... Opposite Party/s

¶16

====================================================== Appearance : For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate For the Opposite Party/s : Smt. Shilpa Singh, GA 12 For the University : Mr. Md. Nadim Seraj, Advocate ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER

¶18

2 25-04-2022 Heard learned counsel for the parties.

¶19

The present M.J.C. No. 805 of 2021 is relating to

¶20

modification of the order dated 01.05.2019 passed in M.J.C. No. 2821 of 2016 in particularly paragraph No. 6 relating to payment of interest @ of 12 % per annum . That apart perusal of Annexure P/5 dated 27.07.2018 communication, interest is not

¶21

Patna High Court MJC No.805 of 2021(2) dt.25-04-2022 2/2

¶22

calculated properly with reference to the date of petitioner’s retirement. In the light of these facts and circumstances question of entertaining interlocutory application or miscellaneous application for modification of the order dated 01.05.2019 is not maintainable in respect of final order in a writ petition and only remedy is to file review petition or LPA.

¶23

Accordingly, the present application stands rejected. Petitioner is at liberty to file review application as well as condonation of delay in presenting review application.

¶24

(P. B. Bajanthri, J)

¶25

GAURAV S./-

¶26

Shree Bhadra Jha v. Lalit Narayan Mithila University

Case brief

What is this about?

What did the court decide?

Shree Bhadra Jha v. Lalit Narayan Mithila University

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

Shailesh Kumar Vs The State of Bihar

Suraj Kumar Vs The State of Bihar

Sri Abdul Karim Vs The Union of India through the Chairman

R.G.M. Institute Of Technology and Management Vs The State of Bihar

Surendra Mehta, Vs The State of Bihar

Lakhindra Yadav Vs The State of Bihar