Chandrawali Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.415 of 2019 In Civil Writ Jurisdiction Case No.13236 of 2000 ====================================================== Chandrawali Ray @ Chand Bali Ray, S/o Bochai Ray, Resident of VillageNarayanpur, P.O. Narayanpur, P.S. Mahnar Distt. Vaishali, Instructor in Commerce (Shorthand and typewriting) Jamunilal College Hajipur Distt. Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner and Secretary, Human Resources Development Department, Vikash Bhawan, Patna namely R.K. Mahajan.

2.

Dr. Rekha Kumari, the Director, Higher Education Human Resources Development Department, Vikash Bhawan Patna namely, 3.

The B.R.A. Bihar University Muzaffarpur through the Registrar namely, Dr. Ajay Kr. Rai.

4.

The Registrar, B.R.A. Bihar University, Muzaffarpur, namely Dr. Ajay Kumar Rai.

5.

Dr. Vijendra Narayan, the Principal Jamuni Lal College Hajipur DistrictVaishali namely. 6.

Binay Kumar Lecturer Jamuni Lal College Hajipur District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Smt. Shilpa Singh (GA-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 21-04-2025 This contempt petition has been filed alleging violation of the order dated 25.07.2018 passed in C.W.J.C. No. 13236 of 2000, wherein this Court had passed the following order :

"Necessary decision on the claim for payment of salary for the period the petitioner has actually worked must be taken by the respondent university and the decision of the

Patna High Court MJC No.415 of 2019(3) dt.21-04-2025 2/3 university as to entitlement of the petitioner for regularization of service in the light of the judgment in the case of Apex Court in Uma Devi Case (2006) 4 SCC 1 as explain in 2010 (9) SCC 247. The State government is also directed to release appropriate fund so that the monetary benefit admissible to the petitioner is extended. The entire exercise must be made within a maximum period of four months from the date of receipt/production of a copy of the aforesaid writ application."

2. Opposite Party Nos. 3 and 4 have filed the show cause, wherein it has been stated that in compliance of the aforesaid direction of the Court the Registrar, B.R.A. Bihar University, Muzaffarpur has passed the reasoned order vide Memo No. B/1948 dated 02.09.2023, whereby the claim of the petitioner for regularization of the service and for payment of salary has been rejected. A copy of the reasoned order passed by the Registrar, B.R.A. Bihar University, Muzaffarpur vide Memo No. B/1948 dated 02.09.2023 has also been enclosed as Annexure R/1 to the show cause filed by the Opposite Party Nos. 3 and 4.

3. In view of the above, I find that the order dated 25.07.2018 passed in C.W.J.C. No. 13236 of 2000 has been

Patna High Court MJC No.415 of 2019(3) dt.21-04-2025 3/3 complied with by the Opposite Party Nos. 3 and 4.

4. Under the aforesaid circumstances, learned counsel for the petitioner submits that a liberty may be given to the petitioner to challenge the aforesaid reasoned order passed by the Registrar, B.R.A. Bihar University, Muzaffarpur vide Memo No. B/1948 dated 02.09.2023.

5. The contempt petition is accordingly closed and disposed of with a liberty, as prayed for.

(Nani Tagia, J) Narendra/- U