Disposed¶23

Manju Singh v. The B. N. Mandal University and Ors.

Patna HC23 Jan 2024CWJC/6042/2015

Case brief

AI extract

What is this about?

Time bound promotion; Associate Professor; B. N. Mandal University, Madhepura; Pay Verification Cell pay point determination; absorption on 22.11.1980; basic pay Rs.700/-; Memo No. 616 dated 08.02.2005; Justice Agrawal Commission report; shifting date of promotion from 30.06.1994 to 22.11.1990; consequential benefits; writ petition disposed with direction; ten-week compliance timeline; widow petitioner; Patna High Court CWJC No.6042 of 2015; Harish Kumar, J; judgment dated 23-01-2024.

What did the court decide?

Direction to the Vice-Chancellor, B. N. Mandal University, Madhepura to consider the petitioner's claim for shifting the date of promotion of her late husband from 30.06.1994 to 22.11.1990, preferably within ten weeks, with all admissible consequential benefits if the claim finds favour. ¶23

Manju Singh Vs The B. N. Mandal University and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the petitioner's late husband was entitled to time bound promotion on the post of Associate Professor with effect from 22.11.1990 instead of the promotion accorded w.e.f. 30.06.1994.

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Court's answer

The writ petition is disposed of with a direction to the Vice-Chancellor, B. N. Mandal University, Madhepura to consider the petitioner's claim for shifting the date of promotion of her late husband from 30.06.1994 to 22.11.1990, in view of the Pay Verification Cell's pay-point determination and Memo No. 616 dated 08.02.2005, preferably within ten weeks from receipt/production of a copy of the order.

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Ratio / Principle

If the petitioner's claim finds favour, she shall also be entitled to all admissible consequential benefits accruing after the shifting of the date of promotion of her husband, in accordance with law, within the stipulated period.

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Key takeaways

Observing that the petitioner is a hapless widow of late Devendra Nath Singh pursuing her remedy for the last eight years before the Court, any defiance of the order shall be dealt with sternly.obiter¶27

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J) disposed of Civil Writ Jurisdiction Case No.6042 of 2015 filed by Manju Singh, widow of Late Dr. Devendra Nath Singh, whose substantive grievance had already been redressed during pendency on account of the Court's intervention. The surviving grievance was that although the Pay Verification Cell fixed the husband's basic pay at Rs.700/- on 22.11.1980 — the date of his absorption (Memo No. 616 dated 08.02.2005, issued in consonance with the Justice Agrawal Commission report) — he was granted time bound promotion as Associate Professor w.e.f. 30.06.1994 instead of the due date 22.11.1990. The Court directed the Vice-Chancellor, B. N. Mandal University, Madhepura to consider the claim for shifting the date of promotion to 22.11.1990, preferably within ten weeks, and held that if the claim finds favour the petitioner shall receive all admissible consequential benefits in accordance with law; any defiance of the order was to be dealt with sternly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6042 of 2015

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Manju Singh, W/o Late Dr. Devendra Nath Singh, resident of At + P.OManihari, P.S.- Sadiyabad, District- Gazipur (U.P.), Presently residing at C/o Mrs. Shanti Jha, Mission Compound, Purav Bazar, P.S. Town and DistrictSaharsa. (Bihar).

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... ... Petitioner/s

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Versus

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The B. N. Mandal University through its Registrar

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The Vice Chancellor, B. N. Mandal University, Madhepura.

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The Registrar, B. N. Mandal University, Madhepura,

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The Finance Officer, B. N. Mandal University, Madhepura,

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The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, Patna

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The Director, Higher Education Department, Govt. of Bihar, Patna.

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The Principal, S.N.S.R.K.S. College, Saharsa, District- Saharsa.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP- 22 For the University : Ms. Vandana Kishore, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-01-2024

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Heard Mr. Purushottam Kumar Jha, learned counsel

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appearing on behalf of the petitioner, Mr. Narendra Kumar Singh, learned counsel for the State and Ms. Vandana Kishore, learned counsel for the University.

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It is submitted on behalf of the petitioner that though during the pendency of the writ petition the substantive grievance of the petitioner has been redressed on account of intervention of the Hon’ble Court. However, till date, despite the

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Patna High Court CWJC No.6042 of 2015 dt.23-01-2024 2/3

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determination of pay point issued by the Pay Verification Cell holding the husband of the petitioner entitled to get basic pay of Rs.700/- on 22.11.1980, the date on which the husband of the petitioner was considered for absorption and finally absorbed, but the husband of the petitioner has not been accorded the benefit of time bound promotion on the post of Associate Professor with effect from the due date on 22.11.1990.

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It is submitted that though the husband of the petitioner was entitled to get the Time Bound Promotion on the post of Associate Professor on 22.11.1990, but he has been accorded promotion w.e.f. 30.06.1994, without any justifiable reason.

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Considering the limited grievance of the petitioner, instead of keeping the matter pending, it would be apt and proper to dispose of the writ petition with a direction to the Vice-chancellor, B. N. Mandal University, Madhepura to consider the claim of the petitioner with regard to shifting the date of promotion of her late husband from 30.06.1994 to 22.11.1990, in view of the determination of pay point by the Pay Verification Cell as also in the light of the date of absorption of the husband of the petitioner in the service, vide Memo No. 616 dated 08.02.2005, which has been issued in consonance with the

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Patna High Court CWJC No.6042 of 2015 dt.23-01-2024 3/3

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report of Justice Agrawal Commission, preferably within a period of ten weeks’ from the date of receipt/production of a copy of this order.

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Needless to observe that if the claim of the petitioner finds favour, she shall also be entitled to all the admissible consequential benefits accruing after the shifting of date of promotion of her husband, in accordance with law, within the stipulated period.

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It is further observed that the petitioner is a hapless widow of late Devendra Nath Singh pursuing her remedy for the last eight years before this Court, any defiance of the order shall be dealt with sternly.

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(Harish Kumar, J)

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uday/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	30.01.2024
Transmission Date	NA

Manju Singh v. The B. N. Mandal University and Ors.

Case brief

What is this about?

What did the court decide?

Manju Singh v. The B. N. Mandal University and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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