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Patna High Court - Orders

Sanjay Kumar Pandey vs The State Of Bihar &Amp; Ors on 4 March, 2011

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CWJC No.4099 of 2011
          SANJAY KUMAR PANDEY, SON OF LATE PARMANAND PANDEY,
          RESIDENT OF VILLAGE AND P.O. JIYAN, P.S. AND DISTRICT
          SIWAN.
                   ...                   ...   PETITIONER.
                                Versus
     1.   THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY,
          HIGHER EDUCATION, NEW SECRETARIAT, PATNA.
     2.   THE PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVERNMENT OF
          BIHAR, NEW SECRETARIAT, PATNA.
     3.   JAI PRAKASH UNIVERSITY, CHAPRA, THROUGH ITS REGISTRAR,
          DISTRICT CHAPRA.
     4.   THE REGISTRAR, JAI PRAKASH UNIVERSITY, CHAPRA, DISTRICT
          CHAPRA.
     5.   THE VICE- CHANCELLOR, JAI PRAKASH UNIVERSITY, CHAPRA,
          DISTRICT SARAN AT CHAPRA.
     6.   BABA SAHEB BHEEM RAO AMBEDKAR BIHAR UNIVERSITY,
          MUZAFFARPUR, THROUGH ITS REGISTRAR, DISTRICT
          MUZAFFARPUR.
     7.   THE REGISTRAR, BABA SAHEB BHEEM RAO AMBEDKAR BIHAR
          UNIVERSITY, MUZAFFARPUR.
     8.   THE VICE- CHANCELLOR, BABA SAHEB BHEEM RAO AMBEDKAR
          BIHAR UNIVERSITY, DISTRICT MUZAFFARPUR.
                    ...                    ...    RESPONDENTS.
                             -----------

2.   4.3.2011
.                Heard   Shri         Subh     Narain    Singh,

                   learned    counsel      for     the    petitioner,   Shri

Ajay, learned counsel appearing on behalf of respondent nos.3 to 5/Jay Prakash University, learned counsel appearing on behalf of respondent nos.6 to 8/Baba Saheb Bheem Rao Ambedkar Bihar University and Shri Prabhu Narayan Sharma, learned A.C. to Advocate General appearing on behalf of respondent nos.1 and 2.

The petitioner's father retired on 31.1.2000 from the post of Accountant from 2 D.A.V. College, Siwan and subsequently, he died on 1.4.2009 leaving behind this petitioner, Suresh Kumar Pandey, Arun Kumar Pandey, Bimla Pandey, Saroj Pandey and Mala Pandey, sons and daughter. The petitioner has prayed for directing the respondents to make payment of remaining retiral dues of his father as well as payment of the retiral dues after revision. Learned counsel for the petitioner submits that the petitioner has filed representation before authority concerned. However, till date, no decision has been taken.

With the consent of parties, the writ petition is being disposed of with liberty to the petitioner to file fresh representation before respondent no.4/Registrar, jai Prakash University and respondent no.7/Registrar, Baba Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur within a period of six weeks from today. If such representation is filed, both the respondents are directed to examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner within a 3 period of three months from the date of filing of such representation. It is made clear that while making payment, the authority concerned will keep in mind that other legal heirs are equally entitled to get benefit. In case of refusal, the aforesaid respondents are directed to pass a speaking order within three months.

With aforesaid observation and direction, the petition stands disposed of.

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