IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10073 of 2007
SASHANKA SHEKHAR BHATTACHARYA, S/o Naresh Chandra
Bhattacharya, Resident of Mohalla - Champanagar,
Bangali Tola, P.S. - Nathnagar, Town and District -
Bhagalpur- 812004.
------- Petitioner.
Versus
1. THE T.M.BHAGALPUR UNIVERSITY, Bhagalpur through its
Registrar.
2. The Vice Chancellor, T.M. Bhagalpur University,
Bhagalpur.
3. The Registrar, T.M. Bhagalpur University,
Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University,
Bhagalpur.
5. The Head of the Department, Post Graduate
Department of Botany, T.M. Bhagalpur University,
Bhagalpur.
6. The State of Bihar through the Secretary,
Department of Finance, Govt. of Bihar, Old
Secretariat, Patna.
7. The Secretary, Department of Human Resources
Development, New Secretariat, Patna.
8. The Director, Department of Higher Education,
Government of Bihar, New Secretariat, Patna.
------ Respondents
10 05.07.2011
Heard Sri Purushottam Kumar Jha,
learned counsel for the petitioner, Sri
Anil Singh, learned counsel appearing on
behalf of respondent nos. 1 to 4/Tilka
Manjhi Bhagalpur University, Bhagalpur
and Sri Vijendra Kumar, learned AC to
Standing Counsel No. 2 who appears on
behalf of respondent nos. 6 to 8/State.
Learned counsel for the
University Sri Anil Singh, at the very
outset, while referring to Annexure – E
to the supplementary affidavit filed on
behalf of the University submits that
most of the grievances of the petitioner
have already been redressed. However, on
perusal of Annexure – E i.e. an order
passed by Registrar of the University on
14.02.2009 it appears that some amount
was due on the date of passing of the
order. Neither learned counsel for the
petitioner nor learned counsel for the
University are in a position to inform
the court as to whether the dues as
indicated in Annexure – E have been paid
or not.
In view of the facts and circumstances learned counsel for the
parties have agreed for disposal of the
writ petition granting liberty to the
petitioner to file a representation
before the respondent no. 2/Vice
Chancellor, Tilka Manjhi Bhagalpur
University, Bhagalpur in case some amount
is still due in view of Annexure – E to
the Supplementary affidavit filed by the
University.
In view of stand taken by the
parties the writ petition stands disposed
of granting liberty to the petitioner to
approach respondent no. 2 in case still
as per Annexure -E there are some dues.
If such representation is filed it is
expected that respondent no. 2 will
examine the same and pass appropriate
order in accordance with law preferably
within a period of three months from the
date of filing of such representation.
The writ petition stands disposed
of.
So far as relief no. 2 for granting relief for merger of 50 %
dearness relief on the basic pension of
the petitioner is concerned the writ
petition stands allowed in terms of order
dated 03.12.2010 passed in C.W.J.C. No.
3616 of 2010 (Dr. Himanshu Bhushan Vs
Tilka Manjhi Bhagalpur University,
Bhagalpur & Ors.)and other connected writ
petitions.
With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)