IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1081 of 2011
In
Civil Writ Jurisdiction Case No. 1380 of 2011
With
Interlocutory Application no. 5012 of 2011
In
Letters Patent Appeal No. 1081 of 2011
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1. L.N.Mithila University Darbhanga, through its Registrar, Kameshwar
Nagar, Darbhanga.
2. The Vice-Chancellor, L.N.Mithila University, Kameshwar Nagar,
Darbhanga.
3. The Registrar, L.N.Mithila University, Kameshwar Nagar, Darbhanga.
.... .... Respondents/ Appellants
Versus
1. Ram Pujan Thakur, Medu Thakaur, R/O Village & Po-Koil, Bhupat,
PS-Mahandia, District-Arwal (Jahanabad).
2. Shabbir Ahmad, Late Md.Ayub, R/O Vill. & PO Koila Asthan, Ps-
Kewali, District-Darbhanga
3. Rati Kant Lal Das, Late Badri Narayan Laldas, R/O Mohalla-
Sunderpur Bira, PO-Lalbagh, PS.-University, District-Darbhanga.
.... .... Petitioners/Respondents
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Appearance :
For the Appellant/s : Mr.Chittaranjan Sinha, Sr. Advocate
Mrs. Nivedita Nirvikar, Advocate.
For the Respondent/s : Mr. Pushkar Narayan Sahi
Mr. Anil Singh, Advocates.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 17-10-2011 Feeling aggrieved by the judgment and order dated
2nd May 2011 passed by the learned single Judge in above CWJC
No. 1380 of 2011, the respondent L.N. Mithila University,
Darbhanga (hereinafter referred to as ‘the University’) has
preferred the present Appeal under Clause 10 of the Letters Patent.
The subject matter of dispute is the transfer of the
writ petitioners, the employees of the University to the constituent
2 Patna High Court LPA No.1081 of 2011 (10) dt.17-10-2011
2/2
colleges.
The learned single Judge has allowed the writ
petition. The learned single Judge has held that the University and
the constituent colleges have separate and individual existence,
inter-se transfer is not permissible. Therefore, the present Appeal.
Learned counsel Mr. Chittaranjan Sinha has appeared
for the University. He has relied upon the Government
instructions dated 28th April 2010 (Annexure-8 to the
supplementary affidavit). He has submitted that it is the mandate
of the State Government that the salary grant for the persons
working on the sanctioned posts alone will be paid to the
University. Mr. Sinha has, however, not been able to establish that
the writ petitioners were not working on the sanctioned posts.
In absence of any factual material on record, no
interference is warranted.
Appeal is dismissed in limine.
Interlocutory application stands disposed of.
(R.M. Doshit, CJ)
Sujit /- (Birendra Prasad Verma, J)