Nagendra Narayan Mishra v. Chancellor Sampurnanand Sanskrit, University and 5 Others

Court No. - 39 Case :- WRIT - A No. - 19027 of 2021 Petitioner :- Nagendra Narayan Mishra Respondent :- Chancellor Sampurnanand Sanskrit, University And 5 Others Counsel for Petitioner :- Shikhar Tandon Counsel for Respondent :- C.S.C.,Adarsh Singh,Avneesh Tripathi,Brijendra Kumar Pandey,Indra Raj Singh,Uday Bhan Mishra,Ved Byas Mishra Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard Shri Shikhar Tandon, learned counsel for the petitioner, Shri Avneesh Tripathi, learned counsel appearing for the Sampurnanand Sanskrit University, Varanasi and learned Standing Counsel for the State.

¶2Present petition has been filed to quash the order dated

24.11.2021 passed by Chancellor, Sampurnanand Sanskrit University, Varanasi.

¶3By that order, the testimonials of the petitioner had been doubted and an enquiry had been constituted. Based on that order, the salary of the petitioner had also been discontinued by the D.I.O.S., Varanasi.

¶4Today, Shri Avneesh Tripathi, learned counsel appearing for the University fairly states, upon last enquiry held pursuant to the order dated 24.11.2021, Vice-Chancellor of the said University has verified the testimonials of the petitioner vide order dated 2.6.2023 issued against the Letter No. 4889 of 2023. That order is also on record by means of the second supplementary affidavit. The Vice-Chancellor has also observed that the salary payment of the petitioner may be revived.

¶5In view of the above facts, the cause of action as brought before this Court does not survive. Practically, the writ petition has been rendered infructuous as the enquiry instituted by the Chancellor has concluded in favour of the petitioner. Consequently, his testimonials stand verified and he has also been found eligible to payment of salary.

¶6Accordingly, the writ petition is disposed of in light of the facts noted above with the further observation that the salary payment of the petitioner may be revived forthwith. All arrears of salary may be paid out to him within a period of one month from today. Order Date :- 3.11.2023 SA (Shiv Shanker Prasad, J.) (S.D. Singh, J.) High Court of Judicature at Allahabad