Abdul Razique vs The State Of Bihar
2023 Latest Caselaw 4580 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10885 of 2023
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1. Abdul Razique Son of Late Md. Siddique, Resident of Mohalla - Daira Aziz Ghat, Police Station - Laheri, Post Office - Bihar Sharif, District- Nalanda.

2. Jai Kant Upadhyay, Son of Late Shiv Mangal Upadhyay, Resident Village-

Katri, Post Office- Danara, District - Patna.

3. Md. Mustaque Ahmad, Son of Late Imam Ali, Resident of Muhallah -

Baradri, Post Office and Police Station - Bihar Sharif, District - Nalanda.

4. Madan Prasad, Son of Late Wasudev Mahto, Resident of Village and Post Office - Paingri, Police Station - Nawada, District - Nawada.

5. Maya Devi, Wife of Mahendra Prasad, Resident of Village and Mohalla -

Mogal Kuan, Etwari Bazar, Police Station - Bihar, Post Office - Sohsarai, District - Nalanda.

6. Urmila Devi, Wife of Late Jagruk Prasad, Resident of Mohallah - Mansoor Nagar, Chhoti Pahari, Post Office - Sohsarai, District - Nalanda.

7. Kaushalya Devi, Wife of Late Dinesh Prasad, Resident of Mohallah and Village- Naisarai, Jau Man Gayatri Market, Police Station - Bihar Sharif, District- Nalanda.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Education (Higher Education), Bihar Patna.

3. The Patliputra University through its Registrar, Patna.

4. The Vice Chancellor, Patliputra University, Patna.

5. The Registrar, Patliputra University, Patna.

6. The Finance Officer, Patliputra University, Patna.

7. The Principal/Prof. Incharge, Nalanda Mahila College, Bihar Sharif, Nalanda.

8. The Magadh University through its Registrar Gaya.

9. The Vice Chancellor, Magadh University, Bodh Gaya.

10. The Registrar, Magadh University, Bodh Gaya.

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

For the Petitioner/s : Mr. Virendra Prasad, Advocate For the State : Mr. Kameshwar Kumar, GP-17 Mr. S.K. Ranjan, AC to GP-17 For the P.U. : Mr. Rana Vikram Singh, Advocate For the M.U. : Mr. Om Prakash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Patna High Court CWJC No.10885 of 2023 dt.14-09-2023

ORAL JUDGMENT Date : 14-09-2023 Heard Mr. Virendra Prasad, learned counsel

appearing on behalf of the petitioners; Mr. Kameshwar Kumar,

learned GP-17 appearing on behalf of the State; Mr. Rana

Vikram Singh, learned counsel appearing on behalf of the

Patliputra University and Mr. Om Prakash Kumar, learned

counsel for the Magadh University.

2. Learned counsel appearing on behalf of the

petitioners seeks to file individual detailed representation for

payment of retiral dues as claimed for in the present writ

petition. He further submitted that the case of the petitioners is

covered by decision of this Court in case of Ram Bilas Singh

vs. the State of Bihar & Ors. dated 10.12.2020 and in case of

Dr. Md. Wasimul Haque vs the State of Bihar & Ors. dated

20.06.2023.

3. Considering the aforesaid submission made on

behalf of the petitioners, the Registrar, Patliputra University is

directed to call for the service records relating to the petitioners

and take steps to make payment of all the retiral dues as claimed

for in the present writ petition/ representation relying upon the

judgment of this Court referred by the petitioner hereinabove.

4. In case, the petitioners are entitled for the relief

sought for, the payment is required to be made within a period Patna High Court CWJC No.10885 of 2023 dt.14-09-2023

of six weeks from the date of filing of the representation in

accordance with law along with the statutory interest as has

been directed by the Apex Court in case of State of Kerala vs.

M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D.

Tewari vs. Uttar Haryana Bijli reported in (2014) 8 SCC 894.

5. With above observations and directions, the

present writ petition is disposed of.

                                                                    (Purnendu Singh, J)


Niraj/Nilmani
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Uploading Date          18.09.2023
Transmission Date       N/A