Bindeshwari Devi vs The State Of Bihar And Ors
2022 Latest Caselaw 4165 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.11124 of 2016

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Bindeshwari Devi, Wife of Late Nawal Kishore Sharma, Resident of village and Post Uchhirma, Block and P.S. Sherghati, District - Gaya

... ... Petitioner/s Versus

1. The State of Bihar

2. The Secretary, Education Department, Government of Bihar, New Secretariat, Patna

3. The Director Higher Education, Education Department, Government of Bihar, New Secretariat, Patna

4. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Dis

5. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, District

6. The Finance officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Dis

7. The Hon'ble Chancellor, University of Bihar through its Secretary, Raj Bhawan, Patna.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 For respondent Nos. 4 to 6 : Mr. Gyanand Roy, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-08-2022

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

"for issuance of an appropriate direction to Patna High Court CWJC No.11124 of 2016 dt.01-08-2022

the State respondents as well as to the respondent University for modification of notification bearing memo No.311 dated 07.02.2016 issued under the signature of Registrar of the respondent University. By the said notification dated 07.02.2016 the petitioner has been deprived of the pensionary benefits of her Late husband as well as she has also been made ineligible for the benefits of family pension. By said notification the pensionary benefits have been granted only to those teaching and non-teaching employees, who superannuated or retired on or after 31.08.2010."

Learned counsel for the petitioner inviting attention of

this Court to the decision rendered by Hob'ble the Apex Court

in the case of State of Bihar and Anr. Vs. Sunny Prakash and

Ors. reported in 2013(1) PLJR 233 (SC) argued that the

impugned order dated 7th of February, 2016 ( Annexure-1) needs

to be quashed and set aside inasmuch as, vide Annexure-2

(undated), the respondents have entered into an an agreement

with the federation of the employees grating pensionary benefits

to the employees who would have retired prior to the cut off

date, i.e. 31st of August, 2010.

In our considered view, the petition needs only merits

rejection for the simple reason that the challenge to the very

same notification dated 7th of February, 2016 stands repealed not

only before this Court but also before the Hon'ble Apex Court.

Patna High Court CWJC No.11124 of 2016 dt.01-08-2022

In view of these undisputed facts, petition stands

dismissed.

Interlocutory application, if any, also stands

dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J)

Ashwini/-

AFR/NAFR
CAV DATE
Uploading Date          03.08.2022
Transmission Date