Prakash Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6264 of 2023 ====================================================== 1.

Prakash Kumar Ray son of Mahesh Ray, Resident of Mohalla-Mishriganj, Patel Chowk, Naka No. 2, Darbhanga, P.O. Darbhanga, P.S. Darbhanga, District Darbhanga, presently working as a 4th Grade Daily Wager, B.R.A. Bihar University, Muzaffarpur.

2.

Manoj Kumar son of Jay Mangal Ram, Resident of Lane No.4, Bankers Colony, R.K. Ashram, P.S. Mithanpura, District-Muzaffarpur, presently working as a Binder, 4th Grade Daily Wager, B.R.A. Bihar University, Muzaffarpur.

3.

Krishndev Thakur, Son of Late Fudena Thakur, Resident of Village-Goriari, P.O. Dariyapur Kafen, District-Muzaffarpur, presently working as a 4th Grade Daily Wager, B.R.A. Bihar University, Muzaffarpur. 4.

Kamleshwari Mandal, Son of Dukha Mandal, Resident of P.G. Boys Hostel, B.U. Campus, P.S. Kazi Mohammadpur, District-Muzaffarpur, presently working as a 4th Grade Daily Wager, B.R.A. Bihar University, Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

Baba Saheb Bhim Rao Ambedar Patna University Muzaffarpur through the Registrar.

5.

The Vice Chancellor, Baba Saheb Bhim Rao Ambedar Patna University, Muzaffarpur.

6.

The Registrar, Baba Saheb Bhim Rao Ambedar Patna University, Muzaffarpur.

7.

The Finance Officer, Baba Saheb Bhim Rao Ambedar Patna University, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Vijay Kumar Singh, Advocate For the State :

Mr. Madhaw Prasad Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the

Patna High Court CWJC No.6264 of 2023(2) dt.24-10-2024 2/3 following relief/s:- "(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to regularize the services of the petitioners on the ground that the petitioners are working as a 4th Grade Employees in the Respondent University as daily wagers continuously since long against the sanctioned and vacant posts and the services of similarly situated persons have already been regularized by the Respondent University ignoring the better claim of the petitioners. (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent University to grant consequential benefit of service counting the services of the petitioners from the date of their initial appointment.

(III) For issuance of any other appropriate writ / writs, order / orders direction / directions for which the writ petitioners would be entitled under the facts and circumstances of the case."

3. After some arguments, learned counsel appearing on behalf of the petitioners requests for disposal of the present writ application granting liberty to the petitioners to raise their grievances by filing fresh representation before the Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Respondent No. 6), along with all the necessary documents and details in support of their claim.

4. In view of the limited nature of prayer, this writ

Patna High Court CWJC No.6264 of 2023(2) dt.24-10-2024 3/3 application is disposed of with liberty to the petitioners to file representation before the Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Respondent No. 6) along with all the necessary documents and details in support of their claim within a period of six weeks from today.

5. In the event the petitioners file their representation within the stipulated period, the Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Respondent No.

6) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of six months from the date of filing of the representation.

(Prabhat Kumar Singh, J) shashank/- U