Patna High Court
Gautam Trivedi vs Lalit Narayan Mithila University on 27 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15055 of 2022
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Gautam Trivedi Son of Late Achyuta Nand Trivedi, resident of Village-
Harpur Bochaha, P.S.-Vidyapati Nagar, District-Samastipur.
... ... Petitioner/s
Versus
1. Lalit Narayan Mithila University through its Vice Chancellor, at Kameshwar
Nagar, Darbhanga, Bihar.
2. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga, Bihar.
3. The Registrar, Lalit Narayan Mithila University, Darbhanga, Bihar.
4. The Finance Officer, Lalit Narayan Mithila University, Darbhanga, Bihar.
5. The Principal, R.B.S. College, Andour, Mohiuddin Nagar, Darbhanga.
6. The Principal Secretary, Department of Higher Education, Government of
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prakash Chandra Jha, Advocate
For the Respondent/s : Mr. Madhaw Prasad Yadaw (GP 23)
Mr. Arvind Kumar, AC to GP-23
For L.N.M.U. : Mr. Bindhyachal Rai, Advocate
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 27-06-2025
Heard learned counsel for the parties.
2. The petitioner, who retired on 31.05.2002 from the
post of Reader (Hindi) in L.N. Mithila University, has filed this
writ petition against the action of the respondent university in
retiring the petitioner by taking the date of appoint as Assistant
Professor (Hindi) as 28.04.1976, whereas according the
petitioner, he was initially appointed on 01.06.1972.
3. The petitioner accordingly contends that he should
Patna High Court CWJC No.15055 of 2022 dt.27-06-2025
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have been retired from service by taking the date of his
appointment on the post of Assistant Professor (Hindi) as
01.06.1972.
4
. Respondent nos. 1 to 4/L.N.M. University has filed
a counter affidavit wherein, in paragraph nos. 6 and 7, it has
been stated that the petitioner was appointed on 28.04.1976 on
the basis of recommendation made by the University Service
Commission, Bihar vide letter no. 224/सी/वव०स०आ० dated
28.04.1976 (Annexure-A to the counter affidavit).
5. Perusal of the appointment letter dated 28.04.1976
would go to show that the petitioner was recommended by the
University Service Commission, Bihar after an interview was
conducted by the University Service Commission, Bihar for
recruitment of the Assistant Professor (Hindi).
6. It has been further stated in the counter affidavit
that the college, where the petitioner was working namely,
R.B.S. College, Andaur, Samastipur prior to 1976, was granted
temporary affiliation for teaching in I.A. and I.Sc. for the
session 1972-73 and for the said purpose, the petitioner was
appointed on temporary basis.
7. Thus, the respondent in the counter affidavit filed
indicates that the petitioner's appointment prior to 28.04.1976,
Patna High Court CWJC No.15055 of 2022 dt.27-06-2025
was on temporary basis. Therefore, the petitioner could not have
been retired from service by counting the services rendered by
the petitioner prior to 28.04.1976, which is the date of his
appointment as Assistant Professor (Hindi) on regular basis
upon recommendation of the University Service Commission,
Bihar.
8. The petitioner has not filed any rejoinder to the
counter affidavit filed by respondent nos. 1 to 4 denying the
correctness of the averments made therein.
9. In such circumstances, since the petitioner was
appointed as Assistant Professor (Hindi) on regular basis on
28.04.1976 on the recommendation of the University Service
Commission, Bihar, which fact has not been denied by the
petitioner by filing a rejoinder to the counter affidavit filed by
the respondents, I am of the view that the services rendered by
the petitioner prior to 28.04.1976 on temporary basis for
teaching in I.A. and I.Sc. for the session 1972-73, cannot be
reckoned as part of the service tenure rendered by the petitioner
for the purpose of computing the pensionary and other retiral
benefits of the petitioner.
10. Under the circumstances, no case has been made
out by the petitioner for treating his date of appointment in the
Patna High Court CWJC No.15055 of 2022 dt.27-06-2025
service as on 01.06.1972 for the purpose of computation of
pensionary and other retiral benefits.
11. Accordingly, the writ petition being devoid of
merit, is dismissed.
(Nani Tagia, J)
Amrendra/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 27.06.2025
Transmission Date N/A
