High Court Patna High Court - Orders

Dr.Uday Shankar Prasad vs The T.M.Bhagalpur University … on 15 March, 2011

Patna High Court – Orders
Dr.Uday Shankar Prasad vs The T.M.Bhagalpur University … on 15 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CWJC No.4742 of 2011
           DR.UDAY SHANKAR PRASAD, SON OF LATE HARI NARAYAN PRASAD,
           RESIDENT OF QR.NO.B/136, BIRLA COLONY,P.S. PHULWARISHARIF,
           TOWN AND DISTRICT PATNA.
                   ...                       ...    PETITIONER.
                                   Versus
     1.    THE T.M.BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS
           REGISTRAR.
     2.    THE VICE-CHANCELLOR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR.
     3.    THE PRO VICE-CHANCELLOR, T.M. BHAGALPUR UNIVERSITY,
           BHAGALPUR.
     4.    THE FINANCE OFFICER, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR.
     5.    THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN
           RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW
           SECRETARIAT, PATNA.
     6.    THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
           OF BIHAR, NEW SECRETARIAT, PATNA.
                    ...                         ...   RESPONDENTS.
                                -----------

2. 15.3.2011. Heard Shri Purushottam Kumar Jha,

learned counsel for the petitioner, Shri

Anil Singh, learned counsel appearing on

behalf of the respondent/Tilkamanjhi

Bhagalpur University and Shri Vikas Kumar,

learned A.C. to learned Advocate General

appearing on behalf of respondent nos.5 and

6/State.

The petitioner, who retired as

University Professor, P.G. Department of

Botany, Tilkamanjhi Bhagalpur University

with effect from 30.6.2004, has prayed for

a declaration that he is entitled to get

his pension revised in terms of Government

Resolution No.820 dated 23.9.2009 and also
2

he is entitled to get benefit of merger of

50% Dearness Relief in his basic pension.

Learned counsel for the petitioner submits

that the issue in question has already been

decided by this Court in C.W.J.C. No.3616

of 2010 (Dr. Himanshu Bhushan Vs.

Tilkamanjhi Bhagalpur University and

others) and other analogous cases on

3.12.2010

The petition stands allowed in

terms of order dated 3.12.2010 passed in

C.W.J.C. No.3616 of 2010 and other

analogous cases.

N.H./                          ( Rakesh Kumar,J.)