Patna High Court
The State Of Bihar vs The Tilka Manjhi Bhagalpur ... on 11 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.159 of 2021
In
Civil Writ Jurisdiction Case No.15778 of 2018
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1. The State Of Bihar Through the Principal Secretary, Department of Higher
Education, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Higher Edcucation, Govt. of Bihar,
Patna.
... ... Appellant/s
Versus
1. The Tilka Manjhi Bhagalpur University through its Registrar,
2. The Vice - Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
3. The Registrar, Tilka Tilka Manjhi Bhagalpur University, Bhagalpur.
4. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur.
5. Sunita Mishra @ Dr. Sunita Mishra W/o Dr. Pitambar Pathak Resident of
Radha Rani Sinha Road, P.s. - Adampur, District- Bhagalpur, Presently
Working as a Lecturer in the Department of Home, Science, Sabour College,
Sabour, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sarvesh Kumar Singh, AAG-13
Mr. Shashi Shekhar Tiwary, AC to AAG-13
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 11-07-2022
Heard learned counsel for the parties.
Patna High Court L.P.A No.159 of 2021 dt.11-07-2022
2. In the instant appeal the appellant-State has
questioned the validity of the order dated 10.10.2018 passed in
CWJC No.15778 of 2018. There is a delay about 2 years 2 months
18 days. The reasons are not satisfied for the reasons that as usual
the file was under movement from one desk to another desk and
further from one Department to another Department. The Apex
Court in State of Madhya Pradesh and Others vs. Bherulal
reported in (2020) 10 SCC 654 and in the case of Municipal
Corporation of Greater Mumbai and Ors. vs. Uday N.
Murudkar reported in (2021) 11 SCC 816 held that if there is a
belated appeal on behalf of the State sufficient cause must be
shown to condone the delay.
3. The State-appellant is not affected by the learned
Single Judge order dated 10.10.2018, orders read as under:
"In view of the aforesaid submissions
made by the respective counsel for the
parties, the present writ petition is
allowed and the Respondent No.5 is
directed to consider the case of the
petitioner in light of the aforesaid
judgment dated 17.07.2018 and issue
orders for absorption as also grant
consequential benefits within a period of
four months from today."
Patna High Court L.P.A No.159 of 2021 dt.11-07-2022
4. The aforesaid direction is to the 5th respondent, the
Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. If the
State is affected in any manner in the light of the aforesaid
direction to the learned Single Judge one can understand that the
LPA is maintainable. On the other hand direction is to 5 th
respondent to consider the case of the petitioner- Sunita Mishra @
Dr. Sunita Mishra for absorption and grant of consequential
benefits. In this regard, if the State is likely to be affected in future
relating to funding any monetary issues to the University, in that
event the State must have interaction with the 5 th respondent
University and the same cannot be adjudicated in the present LPA
for the reasons that learned Single Judge had only directed to 5th
respondent to consider the case of the respondent-Sunita Mishra in
light of earlier decision of this Court passed in CWJC No.17670 of
2017.
5. At this juncture learned counsel for the appellant
submitted that an appeal has been preferred and it is numbered as
L.P.A. No.1556 of 2018 and accepting consideration. Even
assuming that in CWJC No.17670 of 2017 if there are any certain
direction to the State, in that event the present appeal could be
distinguished for the reasons that the learned Single Judge in the
present matter has directed the 5th respondent to consider the
Patna High Court L.P.A No.159 of 2021 dt.11-07-2022
grievance of the resondent- Sunita Mishra and there are no
directions to the State.
6. In the light of these facts and circumstances both on
the ground of delay as well as maintainability of the present appeal
by the State of Bihar, appeals stands dismissed.
(P. B. Bajanthri, J)
( Rajiv Roy, J)
Prakash Narayan /-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.07.2022
Transmission Date
