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2011 Supreme(Pat) 2149

MRIDULA MISHRA
Manju Chaudhary – Appellant
Versus
Bhupendra Narayan Mandal University – Respondent


Advocates appeared:
For the Petitioner: Mr. S.B.K. Mangalam, Adv.
For the University: Mr. B.K. Jha, Sr. Adv., Mr. Abhay Kumar, Adv.
For Respondent No. 5: Mr. Jitendra Singh, Sr. Adv., Mr. Baidya Nath Thakur, Adv., Mr. Shankar Kumar Thakur, Adv.

Order

1. Heard learned counsels for the petitioner, the State, counsels, representing B. N. Mandal University as well as Respondent No. 5.

2. Petitioner before this Court is the widow of Shri Ranjit Kumar Chaudhary, who was a Lecturer in K. B. Jha College, Katihar. Husband of the petitioner was appointed as Lecturer in Zoology on 05.07.1986 and worked till 18.11.1997. He became traceless since 18.11.1997 and after seven year, in terms of section 108 of the Evidence Act, he is deemed to be dead.

3. Relief prayed by the petitioner is two fold. First to direct the respondents for payment of differential amount of arrears of salary of the petitioner’s deceased husband for the period 05.07.1986 to 18.11.1997, treating him absorbed on the post of Lecturer in Zoology against the recommended post and also for a direction to the Respondents to consider petitioner’s case for compassionate appointment.

4. Grievance of the petitioner is that as per the decision of the Supreme Court in 2005 (1) PLJR 464 (SC), name of petitioner’s husband being in Annexure- IIA, IIB and Annexure- IV-A of Justice Agrawal Commission's Report, the syndicate had decided to absorb services of her husband, Ranjit Kumar
















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