IN THE HIGH COURT OF JUDICATURE AT PATNA
(Civil Writ Jurisdiction)
C.W.J.C. No. 11938 Of 2019
Dr. Hari Narayan Thakur ……………Petitioner
Versus
The State of Bihar & Ors. …………….Respondents
Supplementary Counter affidavit on behalf of
the Respondent No. 01:
I,…………………………………………………, aged about ……
years, Son of ………………………………………………, Resident of
Village……………………………………………,P.S.……………………………………….
District ……………………………………, do hereby solemnly
affirm and state as follows:
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1. That I am presently posted as
……………………………………………………………………………………………
and as such am well acquainted with
the facts and circumstances of the
case.
2. That I have been duly authorized by
the competent authority to swear
this instant supplementary counter
affidavit on behalf of the
respondent no. 01.
3. That I have gone through the
contents of the writ petition and
have fully understood the same.
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4. That in the present writ application
counter affidavit as well as
supplementary counter affidavit has
been filed earlier on behalf of
answering respondent.
5. That the present counter affidavit
is being filed in compliance of
order dated 20.04.2023 passed by
this Hon'ble Court in the instant
case.
6. That so far generation of CFMS User
ID in the name of Registrar,
Kameshwar Singh Darbhanga Sanskrit
University is concerned, it is
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stated here that the same has been
generated by the Finance Department,
Government of Bihar as evident from
letter no. 3633 dated 21.04.2023 of
the Finance Department, Government
of Bihar.
A photocopy of letter
no. 3633 dated
21.04.2023 is annexed
herewith and marked
as Annexure-A to this
supplementary counter
affidavit.
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7. That so far payment of post retiral
dues to the petitioner is concerned,
it is stated here that the Education
Department vide its letter no. 1332
dated 24.04.2023 directed the
Registrar of the University to make
payment of the same to the
petitioner out of the fund available
with the University allotted earlier
to the University under salary/other
than salary head and accordingly,
send report within two days.
A photocopy of letter
no. 1332 dated
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24.04.2023 is annexed
herewith and marked
as Annexure-B to this
supplementary counter
affidavit.
8. That thereafter the University by
its office order as contained in
letter no. 875 dated 24.04.2023
approved payment of post retiral
dues including pension amounting to
Rs. 82,31,491/- (Rupees eighty two
lakhs thirty one thousand four
hundred ninety one only) to the
petitioner.
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A photocopy of letter
no. 875 dated
24.04.2023 is annexed
herewith and marked
as Annexure-C to this
supplementary counter
affidavit.
9. That apart from above, it is most
important to mention here that CWJC
No. 7039 of 2011 was filed before
this Hon'ble Court challenging the
notification bearing letter no. 3290
dated 18.05.2009 whereby the
petitioner alongwith others were
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appointed as Principal in
constituent colleges in the
Kameshwar Singh Darbhanga
University. The said writ
application was allowed vide order
dated 24.09.2019 whereby entire
selection process was declared to be
illegal and accordingly appointments
were quashed. Consequently, the
University came out with
notification as contained in memo no
1475 dated 03.10.2019 whereby
petitioner alongwith others have
been removed from service. These
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facts have been brought on record in
supplementary counter affidavit
filed earlier on behalf of answering
respondent.
10. That in this regard it is further
stated here that against the order
dated 24.09.2019 passed in CWJC No.
7039 of 2011 as aforesaid, LPA No.
1399 of 2019 was filed by the
petitioner. LPA No. 1376 of 2019 was
also filed against the order dated
24.09.2019 passed in CWJC No, 7039
of 2011 by Dr. Shiv Lochan Jha. The
said LPA was heard and vide order
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dated 25.10.2019 the Hon'ble Court
passed interim order that until
further order of the Court, in the
event, the appellants have not be
relieved, they shall not be relieved
pursuant to the impugned judgment.
The said order will apply in all
sets of appeals arising out of the
same judgment. LPA No. 1399 of 2019
and analogous cases are still
pending for disposal and listed for
admission before Hon'ble Division
Bench.
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11. That under the aforesaid facts and
circumstances stated above it is
submitted that the instant writ
application being devoid of merit is
fit to be dismissed in the interest
of justice.
12. That I have gone through the
contents of this supplementary
counter affidavit and have
understood the same fully.
13. That the statements made paragraph
no. ………………………………………………………… are true
to the best of my knowledge and
those made in paragraph no.
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…………………………………………………… are true to the
best of my information derived from
the records of the case and rest are
by way of submission made before
this Hon’ble Court.
14. That the Annexures are true
photocopies of their respective
originals.
IN THE HIGH COURT OF JUDICATURE AT PATNA
(Civil Writ Jurisdiction)
C.W.J.C. No. 11938 Of 2019
13
Dr. Hari Narayan Thakur ……………Petitioner
Versus
The State of Bihar & Ors. …………….Respondents
Sub: Suppl. Counter Affidavit
INDEX
Sl. Particular Page No.
No.
1. Supplementary Counter 1-13
affidavit on behalf of the
Respondent No. 01:
2. Annexure-A
A photocopy of letter no.
3633 dated 21.04.2023
3. Annexure-B
A photocopy of letter no.
1332 dated 24.04.2023
4. Annexure-C
A photocopy of letter no.
875 dated 24.04.2023
