GHOLAM MUSTAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by Dr. Md. Gholam Mustafa, Registrar of the University. The Court has reservations whether this appeal can be maintained in a personal capacity by the Registrar of the University. He was not a party to the writ petition. The Letters Patent Appeal, thus, has been filed as a personal cause. Clearly, the Letters Patent Appeal is misplaced in challenging the order of the learned Judge.

(2.) IN so far as the order is concerned, it reads like a sad story that a teacher of the University received his pension from 1990 until July, 2001. He died on 28 December, 2001. Thereafter, his widow cannot receive family pension. An issue was presented on record whether pension will be paid by the University whose headquarters are in the parent State or in the college in the successor State of Jharkhand.

(3.) THE Court does not find any error in the order of the learned Judge. So, there is no occasion to take a second view on the issue when first taken by the learned Judge is not incorrect. The Court also does not see any reason why there should be delay in payment of family pension to the widow of a teacher.