Sobhalal Bansphor v. Jaiprakash University, Chapra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7053 of 2018 ====================================================== Sobhalal Bansphor S/o Late Nagina Bansphor, Resident of Village- Mane, P.S.- Ekma, District- Saran.

... ... Petitioner/s

Versus

1.

Jaiprakash University, Chapra 2.

The Vice Chancellor, Jaiprakash University, Chapra. 3.

The Registrar, Jaiprakash University, Chapra. 4.

The Principal, Nandlal Singh College, Jaitpur- Daudpur, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Respondent/s :

Mr. Nagendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2023 Heard learned counsel for the parties concerned. The petitioner has filed the present writ application for a direction to the respondent-University for regularization of his services and for quashing the reasoned order dated 27.01.2018 passed by the Registrar, Jai Prakash University pursuant to the direction of this Court passed in CWJC No. 13403 of 2011 dated 17.08.2017.

The petitioner claims to have joined on Class IV post in Nandlal Singh College, Jaitpur, Saran at Chapra on 05.12.1979 and worked as Sweeper in the college till 27.08.1987.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.7053 of 2018(4) dt.28-04-2023 2/3 petitioner has worked for about eight years in the college, but his service has not been regularized. On 27.08.1987, the father of the petitioner died due to which he went on leave and when the petitioner returned after expiry of the leave to join his duty, he was not allowed to join his duty.

After 1987, the petitioner approached this Court in 2011, claiming regularization of his services and this Court in CWJC No. 13403 of 2011 vide its order dated 17.08.2017, directed the learned Vice Chancellor, Jai Prakash University, Chapra to dispose the representation of the petitioner. Pursuant thereof the representation of the petitioner has been disposed by the University vide Annexure-1 on 27.01.2018, which has been impugned by the petitioner. From perusal of the impugned order dated 27.01.2018, it appears that the petitioner was appointed by the Principal, Nandlal Singh College without having any prior permission of the University.

The appointment of the petitioner was not against the sanctioned post and the same was not made by the competent authority.

It is an admitted position that the petitioner has not been working since 1987, accordingly, I do not find any reason

Patna High Court CWJC No.7053 of 2018(4) dt.28-04-2023 3/3 to direct the University to regularize the services of the petitioner.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J) ashwani/- U