Writ petition regarding pay verification and appointment dates of a university professor was disposed of as the original petitioner had died without filing a requisite substitution petition in time.
None granted; liberty given to heirs to pursue grievances if not redressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13127 of 2014
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Dr. Anil Kumar Sinha Son of Late Satya Narayan Prasad Resident of Mohalla- Sikandarpur, P.S. - Mojahidpur, Town and District - Bhagalpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. S. K. Jha, GP-3 For the University : Ms. Rekha Prasad, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT
Date : 12-10-2023
counsel for the respondents.
“(i) To hold and declare that in view of the provisions as contained in Bihar State Universities Act. 1976, and the relevant Statutes and Ordinances
Patna High Court CWJC No.13127 of 2014 dt.12-10-2023 2/4
made thereunder, the authorities of the Education Department, Govt. of Bihar, Patna, including the Respondent No. 8 have had NO JURISDICTION either to make any change in the effective date of appointment of the petitioner already made decades back, as well the promotions so granted to the petitioner on the post of Reader & University Professor, by the Respondent University, that too. under the recommendations of the Bihar State University Service Commission, Patna University Selection Committee of T.M. Bhagalpur University, Bhagalpur
(ii) To hold and declare that under the provisions of the Bihar State Universities Act, 1976, the pay fixation / pay verification of the salary of the Teaching Employees of the Universities in the State of Bihar including this petitioner, is beyond the domain of the State Govt. Officials, and the same fall within the exclusive domain of the concerned Universities.
AND CONSEQUENT UPON SUCH DECLARATION
(iii) A writ in the nature of Certiorari may be issued for Quashing the pay verification of the Petitioner (Annexure 15) made by the Respondent No. 8. whereby and where under, the Respondent No. 8 has not only altered (shifted ahead) the effective date of appointment:/ promotion of the Petitioner on the post of Lecturer from 11.03.1978 to 10.08.1980. but has also cancelled the promotions of the petitioner on the post of Reader & University Professor as well. in a complete illegal and arbitrary manner.
Patna High Court CWJC No.13127 of 2014 dt.12-10-2023 3/4
(iv) To hold and declare that the action of the concerned auditors deployed under Respondent No. 8 in reverting the petitioner (University Professors) to the post of Assistant Professor is highly illegal, arbitrary. malafide, malicious, without jurisdiction and unsustainable in the eye of law and on facts both and is fit to deprecated by this Hon'ble Court. (v) To hold and declare that the effective date of promotions of the petitioner on the posts of Lecturer / Reader / University Professor, are as follows:-
| SI | Post | DATE OF PROMOTION |
|---|---|---|
| 1 | Lecturer | 11.03.1978 |
| 2 | Reader | 11.03.88 (TBPS)-Petitioner not opted |
| 22.12.1986(MPS)- Petitioner opted | ||
| 3 | University Professor |
22.12.1994 (MPS) |
(vi) Consequent upon said declaration, a writ in the nature of mandamus may be issued commanding the respondents concerned to grant all due benefits to the petitioner, treating him as validly promoted University Professor w.e.f. 22.12.1994 vide Annexure 13 to this writ petition. i.e. his current as well as arrears of salary as University Professor. (vii) For grant of any other relief(s) to which the petitioner may be found entitled to in the facts and circumstances of this case:”
bring the attention of this Court to the order dated 4.1.2019
Patna High Court CWJC No.13127 of 2014 dt.12-10-2023 4/4
passed in the instant case which is reproduced herein below for ready reference:-
“The learned counsel for the petitioner submits that the petitioner has died during the pendency of the present writ petition, hence liberty be granted to file an appropriate substitution petition. The necessary substitution petition be filed within a period of four weeks from today.
List this case after four weeks.”
(Partha Sarthy, J)
avinash/-
| AFR/NAFR | |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 16.10.2023 |
| Transmission Date | N/A |
Dr. Anil Kumar Sinha
T.M. Bhagalpur University
Registrar, T.M. Bhagalpur University
Vice-Chancellor, T.M. Bhagalpur University
Finance Officer, T.M. Bhagalpur University
Pay-Verification Cell, Education Department
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
