IN THE HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURISDICTION)
IN THE MATTER OF:
An application under Article 226 of the Constitution of India. A N D
IN THE MATTER OF:
Sita Devi Bhattacharya, Wife of Late Shyamapad Bhattacharya, resident of Balanan Sanskrit Mahavidyalaya, Karnibadh, P.O. Balanand Ashram, P.S. Kunda, District-Deoghar.
1. The State of Jharkhand.
2. The State of Bihar, through the Secretary, (Higher Education), Human Resource Development Department, Secretariat Building P.O. & P.S. Sachiwalay , Beli Road, Patna District-Patna, Bihar. 3. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Disrict- Darbhanga, through its Vice-Chancellor, P.O., P.S. & District Darbhanga. 4. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga, Disrict- Darbhanga, P.O., P.S. & District Darbhanga. 5. Principal, B.S. College, Karnibagh, Deoghar, P.O., P.S. & District-Deoghar.
The Hon’ble Chief Justice of the High Court of Jharkhand at Ranchi and His Companion Judges of the said Hon’ble Court. The humble petition on behalf of the petitioner above-named. Most Respectfully Sheweth:-
1. That in this writ petition, the petitioner has prayer for the following reliefs from this Hon'ble Court: A.
For issuance of an appropriate writ/s, order/s, direction/s or a writ in the nature of mandamus commanding upon the respondents to give all the promotional benefits and other monetary benefit to the petitioner’s husband Late Shyamapad Bhattacharya who has served more than 34 years of service as a lecturer (Assistant professor) and his name was recommended for the promotion for the post of reader (Associate professor) but his promotional benefit and benefit of ACP was not granted to the petitioner’s husband due to the negligence and latches committed by the respondent. Consequently the petitioner’s husband Late Shyamapad Bhattacharya was illegally and arbitrary deprived from the promotion and monetary benefits. B.
For a further writ, order or direction commanding upon the concerned respondents to make payment of all the promotional benefit including ACP and other retieral dues including revised pension and arrears to the petitioner with statutory interest since due date of the entitlement of the promotion of the petitioner’s husband Late Shyamapad Bhattacharya. A N D / O R
For further issuance of an appropriate writ(s) /Order(s) / direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case and in the interest of justice. 2. That the main questions of law which may fall for consideration before this Hon'ble Court in this writ application are as follows:- A. Whether the petitioner’s husband Late Shyamapad Bhattacharya who had served more than 34 years service as a lecturer (assistant professor) was illegally and arbitrary deprived from either promotion benefit or monetary benefit including ACP benefit by the respondent? B. Whether the petitioner’s husband late Shyamapad Bhattacharya whose name has been recommended for the post of reader by the respondent and sent his name to the Bihar State University Service Commission along with other co employees although the said employees were granted benefit of promotion and ACP but the petitioner’s husband was deliberately and illegally deprived from the said promotional and ACP benefit? C. Whether the petitioner who is wife of Late Shyamapad Bhattacharya is getting very nominal family pension due to the deprivation of her husband promotion and ACP benefits? D. Whether the petitioner is entitle for the said relief under the fact and circumstance of this case? 2. That the petitioner is a...
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