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2025 DAILYLAW 48348 (PAT)

Urmila Sinha v. The State of Bihar

CWJC/9963/2022 · 2025-01-20

Anjani Kumar Sharan

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9963 of 2022 ====================================================== Urmila Sinha Wife of Late Satya Ranjan Sinha Resident of H-14, Hullas Vihar (Anisabad), P.S.- Phulwari Sharif, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna. 2. The Principal Secretary, Department of Higher Education, Government of Bihar, Patna. 3. The Magadh University, Bodh Gaya through its Registrar. 4. The Vice-Chancellor, Magadh University, Bodh Gaya at Bodh Gaya. 5. The Registrar, Magadh University, Bodh Gaya at Bodh Gaya. 6. The Finance Officer, Magadh University, Bodh Gaya at Bodh Gaya. 7. The Principal, Ram Lakhan Singh Yadav College, Aurangabad at Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kishore, Sr. Adv. Mr. Saroj Kumar, Adv. Ms. Iti Suman, Adv. For the State : Mr. Madhaw Pd. Yadaw (Gp23) For the University : Mr. Siddhartha Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 6 20-01-2025 Heard learned Senior Counsel for the petitioner, learned counsel for the State and learned counsel for the University. 2. The present writ petition has been filed seeking the following reliefs: “i. For the issuance of writ of mandamus and/or, any other appropriate writ/direction/order commanding the respondents to take into consideration the past services of the petitioner's late husband and count his length of service w.e.f. his initial date of appointment as an Assistant/Clerk notionally for the purposes of grant of pensionary and other related benefits. ii. For the issuance of writ of mandamus and/or, any other appropriate writ/ direction/ order commanding the respondents no. 1 and 2 to release Patna High Court CWJC No.9963 of 2022(6) dt.20-01-2025 2/2 the entire arrears of salary of the petitioner's late husband from the date of appointment till date of death (12.02.2020) as the petitioner's late husband had continuously worked in the college ever since his appointment in the year 1981. iii. For the issuance of any other appropriate writ/ direction/ order to ensure the grant of consequential reliefs in circumstances of the case.” 3. Learned Senior Counsel for the petitioner submits to dispose of the case in accordance with the order passed by Hon’ble Apex Court in the Contempt Petition (C) No.465 of 2019 in Civil Appeal No.2703 of 2017 (Anraj Devi vs. Deepak Kumar & Anr.). 4. Considering the above-made submission, the petitioner is directed to file a detailed representation before the Vice-Chancellor/Registrar within one month and the Vice- Chancellor/Registrar is directed to pass a reasoned and speaking order in accordance with law, in view of judgment of State of Bihar & others vs. Bihar Rajya M.S.E.S.K.K.M. & others reported in (2005) 9 SCC 129, within three months thereafter. 5. With the aforesaid direction, the writ application stands disposed of. anand/- (Anjani Kumar Sharan, J) U