Dr. Birendra Jha vs The State Of Bihar
2023 Latest Caselaw 3567 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.16260 of 2022
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1.1. Bharti Devi W/o - Late Dr. Birendra Jha, Resident of village - Fekla, Post -

Yogiyara, P.S. Bahadurpur, Darbhanga, Bihar - 847101. 1.2. Jata Shankar Jha, S/o Late Dr. Birendra Jha, resident of village - Fekla, Post

- Yogiyara, P.S. Bahadurpur, Darbhaga, Bihar - 847101. 1.3. Keshav Kumar Jha, S/o - Late Dr. Birendra Jha, Resident of village - Rosera, Circle and P.S. - Rosera, District Samastipur, at present resident of Mouna Kashmiri Hata, Chapra, Saran, Bihar - 841301 Resident of Mouna Kashmiri Hata, Chapra, Saran, Bihar - 841301.

1.4. Govind Kumar Jha, S/o - Late Dr. Birendra Jha, Resident of Ward no. 03, Badi Durga Sthan, Rosera Samastipur, Bihar - 848210. 1.5. Gauri Rani, D/o Late Dr. Birendra Jha and W/o Braj Kishor Jha, resident of Mahui, Sosri, Darbhanga, Bihar - 847201.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

2. The Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Kameshwar Nagar Darbhanga.

3. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar Darbhanga.

4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar Darbhanga.

5. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar Darbhanga.

6. The Governing Body, Gurukul Sanskrit College, Mehiyan, District- Saran (Chhapra).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Choudhary, Advocate.

Ms. Sushmita Kumari, Advocate.

For the KIDSU : Mr. Deepak Kumar, Advocate. For the State : Mr. Kameshwar Kumar, GP-17. Patna High Court CWJC No.16260 of 2022 dt.08-08-2023

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Ashok Kumar Choudhary, learned

counsel along with Ms. Sushmita Kumari, learned counsel for

the petitioners; Mr. Deepak Kumar, learned counsel for the

Kameshwar Singh Darbhanga Sanskrit University and Mr.

Kameshwar Kumar, learned GP-17 for the State.

2. Learned counsel appearing on behalf of the

petitioners seeks to file a detailed representation for

consideration of the relief as prayed for in the present writ

petition in light of the recent judgment passed by the Apex

Court in the case of Amresh Kumar Singh & Ors. Vs. The

State of Bihar & Ors. reported in (2023) SCC OnLine SC 496

wherein Hon'ble Supreme Court has held that financial

upgradation given to the deceased employee on account of

ACP/MACP will not amount to promotion. Learned counsel has

further relied upon the judgment passed by the Apex Court in

the case of State of Punjab and Others Vs. Rafiq Masih

(White Washer) reported in (2015) 4 SCC 334. Learned

counsel has further submitted that the concerned authority

despite being aware of the fact that petitioner is widow of the

deceased employee who had retired from the post of Assistant Patna High Court CWJC No.16260 of 2022 dt.08-08-2023

Professor has recovered from her family pension as well as

other retiral dues in the year 2023 on account of alleged

incorrect fixation of pension on the basis of last pay drawn

which they cannot do in light of the law laid down by the

Hon'ble Supreme Court in the case of Rafiq Masih (supra).

3. Considering the limited prayer made on behalf of

the petitioner that the petitioner seeks to file a detailed

representation before the Registrar of the Kameshwar Singh

Darbhanga Sanskrit University, the Registrar of the University is

directed to dispose of the representation of the petitioner

considering the fact that during the life time of the deceased

employee, no action was taken and alleged excess payment have

been deducted after delay of nearly 18 years which according to

this Court is not justified, however, the Registrar must take

appropriate steps to consider the representation of the petitioner

in light of the law as laid down by the Apex Court in the case of

Rafiq Masih (supra) and Amresh Kumar Singh (supra) and

all other cases which the petitioner intends to rely and take a

final decision with respect to returning the entire amount which

has been recovered from the pensionary benefits of the

petitioner within a period of six weeks from the date of filing of

the representation.

Patna High Court CWJC No.16260 of 2022 dt.08-08-2023

4. The writ petition, accordingly, stands disposed

of.

(Purnendu Singh, J) mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          09.08.2023
Transmission Date       N.A.