IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12792 of 2011
Bharat Prasad Mishra son of late Ram Bachan Mishra, R/o
Vipasyayan" South of S.K.J. Law College at (east side)
Gannipur, P.O. Ramna, District Muzaffarpur.
... ... Petitioner.
Versus
1. The State Of Bihar through the Secretary, Higher
Education, Government of Bihar, Patna.
2. The Secretary, Finance, Government of Bihar, Patna.
3. The Vice Chancellor, B.R.A. Bihar University,
Muzaffarpur.
4. The Registrar, B.R.A. Bihar University, Muzaffarpur.
... ... Respondents.
----------------------------------
2. 8.8.2011. Heard Shri Shashi Shekhar Tiwary,
learned counsel for the petitioner, Shri
Krishna Chandra, learned A.C. to learned
Advocate General, who appears on behalf of
respondent nos.1 and 2 and Shri Rajendra
Kumar Giri, learned counsel appearing on
behalf of the respondent/B.R.A. Bihar
University, Muzaffarpur.
The petitioner, who retired with
effect from 31.1.2002 as Head of the
Department of Geography from B.R.A. Bihar
University, has made a prayer for
directing the respondents to grant 50%
merger of Dearness relief on his basic
pension with effect from 1.1.2005 in terms
of government resolution and also for a
declaration that he is entitled for
revision of his pension in terms of
2
Government Resolution No.820 dated
23.9.2009.
Learned counsel for the petitioner
has drawn my attention to Annexure-2/C to
the writ petition, which is a photo copy
of reported order passed by this Court,
which has been reported in 2011(1)PLJR 900
(Dr. Himanshu Bhushan Vs. Tilkamanjhi
Bhagalpur University and others). He
submits that in similar circumstances,
this Court, in case of Dr. Himanshu
Bhushan (Supra) as well as in other number
of writ petitions, has allowed the writ
petitions.
Learned counsel for the University
is not in a position to dispute this fact.
In view of the fact that issue
involved in the present case has already
been decided in number of cases including
in the case of Dr. Himanshu Bhushan
(Supra), there is no reason to deny the
relief to the petitioner.
Accordingly, the writ petition
stands allowed in terms of order dated
3.12.2010 passed in C.W.J.C. No.3616 of
2010 (Dr. Himanshu Bhushan Vrs.
3
Tilkamanjhi Bhagalpur University and
others) and other connected writ
petitions.
N.H./ ( Rakesh Kumar,J.)