Patna High Court
Dharmeshwar Mishra vs The Vice Chancellor, L. N. Mithila ... on 8 August, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.666 of 2018
In
Civil Writ Jurisdiction Case No.6838 of 2017
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Dharmeshwar Mishra, son of Late Rajendra Mishra, permanent resident of
Mohalla- Balbhadrapur, Police Station- Laheria Sarai, District- Darbhanga, at
present residing at 302, Badri Mansion, Post Office Road, Shastrinagar,
Patna- 23.
... ... Appellant.
Versus
1. The Vice Chancellor, L. N. Mithila University, Darbhanga.
2. The Lalit Narayan Mithila University, Darbhanga, P.O.- Lalbag, Darbhanga
through its Registrar.
3. Principal, C.M. Law College, Darbhanga, West Harahi Tank, P.O.- Lalbagh,
Darbhanga, District- Darbhanga.
4. The State of Bihar through the Principal Secretary, Human Resources
Department, Vikas Bhawan, Patna.
5. The Principal Secretary to the Honble Governor cum Chancellor of the
Universities of Bihar, Patna.
... ... Respondents.
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Appearance :
For the Appellant : Mr. Amarendra Narayan, Advocate.
For the State : Mr. Shashi Shekhar Tiwary, AC to AAG-15.
Mr. Priyadarshi Matri Sharan, AC to AAG-15.
For the University : Mr. Md. Nadim Seraj, Advocate.
Mr. Shailesh Kumar, Advocate.
For the Respondent No.5 : Mr. Janardan Prasad Singh, Senior Advocate.
Mr. Rajiv Ranjan Kumar Pandey, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 08-08-2024
In the present L.P.A. No.666 of 2018, the appellant
has assailed the order of the learned Single Judge dated
18.04.2018
passed in C.W.J.C. No.6838 of 2017. The present
L.P.A. No.666 of 2018 was disposed on 20.06.2019 by the
Coordinate Bench.
2. Feeling aggrieved by the Coordinate Bench
decision in the present L.P.A. No.666 of 2018 dated 20.06.2019,
Patna High Court L.P.A No.666 of 2018 dt.08-08-2024
appellant preferred Civil Review No.253 of 2019. Civil Review
No.253 of 2019 was allowed on 07.12.2023 while restoring the
present L.P.A. No.666 of 2018.
3. Merit of the case has already been elaborately
discussed while reproducing the relevant statute and certain
internal communication among the official respondents to the
extent that appellant is entitled to benefit of Regulation No.49 of
University Grant Commission Regulations, 2005 read with
Regulation No.2 of University Grant Commission Regulations,
1991, which are extracted in paragraph nos.3 and 4 in the order
dated 07.12.2023 passed in Civil Review No.253 of 2019. The
present L.P.A. No.666 of 2018 was heard on 18.04.2024 and the
following order was passed:
"In the Civil Review No. 253 of 2019 decided
on 07.12.2023, this Court has taken note of
dates and events. Prima facie, appellant's
appointment to the post of permanent part-
time Lecturer would relates back to
14.11.1989. Resultantly, second proviso to
Regulation No. 2 of University Grant
Commission Regulations, 1991 assists
appellant's claim.
Underline supplied.
2. Now what remains in the present lis is
whether Item No. 49. Statutes for
appointment of part-time Teachers vide letter
No. BSU-8/2005 - 1614/GS(I), dated
29.06.2005 stipulates that permanent part-
Patna High Court L.P.A No.666 of 2018 dt.08-08-2024
time Lecturer/Teacher will also be entitled to
the scheme of career advancement from
Lecturer to Senior Scale Lecturer, Selection
Grade Lecturer/Reader and Professor.
However, they will be entitled to half/
proportionate increments/dearness allowance
and other permissible benefits, which would
be effective from 29.06.2005. On the other
hand, petitioner's claim is with reference to
July, 2002. In this regard, he has not
produced any material to show that he is
entitled to other monetary benefits with
reference to letter dated 29.06.2005 with
retrospective effect from July, 2002. In this
regard, learned counsel for the University,
Md. Nadim Seraj is hereby directed to
apprise on the next date of hearing whether
the appellant is entitled to have the benefit of
letter dated 29.06.2005 with effect from
29.06.2005 or with effect from July, 2002 on
the next date of hearing.
3. Relist this matter on 02.05.2024."
Underline supplied.
4. Thereafter, 5th respondent (newly added
respondent) has filed counter affidavit along with Annexures-
R/1 to R/4. In paragraph-8, it is pleaded as under:
"8. That as the aforementioned appointment
through Commission was made only
after 1991 (i.e. 30.07.1998) as such the
benefit of the above said exemption
cannot be granted to the appellant.
Patna High Court L.P.A No.666 of 2018 dt.08-08-2024
Hence, in this light the claim of the
appellant for exemption/relief on the
basis of Regulation-2 of the University
Grant Commission Regulation, 1991 is
not maintainable and is liable to be
rejected. Therefore, the appellant is not
entitled to any higher service benefits
arising out of letter no-BSU-8/2005-
1614/GS(1) dated 29.06.2005."
5. Except the aforementioned contention, 5th
respondent has not appraised the Regulation No.2 of University
Grant Commission Regulations, 1991 read with Letter No.BSU-
8/2005-1614/GS(1) dated 29.06.2005 is applicable with effect
from 29.06.2005 or 2002 as claimed by the review petitioner.
6. At this stage, learned counsel for the University
submitted that paragraph-6 of the counter affidavit of the 5 th
respondent is to be taken note of. Regulation No.2 of University
Grant Commission Regulation, 1991 has already been taken
note of while deciding Civil Review No.253 of 2019 read with
internal communication insofar as service particulars of the
appellant. Thus, appellant has made out a case so as to interfere
with the order of the learned Single Judge.
7. Accordingly, the order of the learned Single
Judge dated 18.04.2018 passed in C.W.J.C. No.6838 of 2017
stands set aside and the present L.P.A. No.666 of 2018 stands
allowed.
Patna High Court L.P.A No.666 of 2018 dt.08-08-2024
8. The concerned respondents-University are hereby
directed to extend all service and monetary benefits to the
appellant in the light of Regulation No.2 of University Grant
Commission Regulation, 1991 read with letter dated 29.06.2005
with effect from 29.06.2005 to the extent of half pay salary and
other allowances which are narrated in the relevant clause. The
same shall be calculated and disbursed in favour of the appellant
within a period of three months from the date of receipt of this
order, failing which the appellant is entitled to interest on
belated settlement at the rate of 6% per annum.
9. Pending Interlocutory Application(s), if any,
stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2024.
Transmission Date NA
