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Patna High CourtCWJC/6316/2025disposed

Chandra Shekhar Thakur v. The State Of Bihar

2025-10-09Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6316 of 2025 ====================================================== 1.

Chandra Shekhar Thakur son of Punit Lal Thakur, Resident of VillageHarpur Thakur Tola, P.S.-Pusa, District-Samastipur. 2.

Sudhir Kumar, Son of Late Dinesh Sharan Verma, Resident of VillagePatepur Gopinath, P.S.-Pusa, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Agriculture Production Commissioner, Bihar, Patna.

2.

The Rajendra Agricultural University Pusa, Samastipur Now Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur through its Registrar.

3.

The Vice Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

4.

The Registrar, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

5.

The Comptroller, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

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

For the Petitioner/s :

Mr. Chandra Mohan Singh, Adv.

For the State :

Mr. Vishwambhar Prasad, AC to AAG-5 For the R.A.C.

:

Mr. Kaushal Kumar Jha, Sr. Adv., Mr. Amish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the University.

2. The petitioners have filed the instant writ petition for the following reliefs:- "That through in this writ application the petitioners seek indulgence of this Hon'ble Court to issuance of an appropriate writ/ writs, order/ orders, direction/directions to commanding the respondents to grant pension and retirement/

Patna High Court CWJC No.6316 of 2025(2) dt.09-10-2025 2/3 pensionary benefit to the petitioners of causal/ contractual period, when the petitioner no.1 had joined in the Rajendra Agricultural University, Pusa, Samastipur as casual/contractual labour on 07.08.1985 and his service was regularized by the University on 20.10.1999 and petitioner no.2 had joined in the Rajendra Agricultural University, Pusa, Samastipur as casual/contractual labour in the year 1986 and his service was regularized by the University on 28/10/1999 in the light of order passed in S.L.P. No.

18594/1994 dated 18/02/1998 by the Hon'ble Apex Court and it is further the petitioners seek indulgence of this Hon'ble Court to issuance of an order/ direction to the respondents to grant pension and pensionary benefit to the petitioners of causal/ contractual period till their regularization in the light of Hon'ble Apex Court order passed in SLP (Civil) No. 10399 of 2020 passed on 7th August 2023 state of Himachal Pradesh & Another Vs Sheela Devi, where by and where under the Apex Court has directed to consider and pay contractual/ causal employee since period has been to reckon for the purpose of pension."

3. Learned counsel for the petitioners submits that the case of these petitioners are squarely covered by the Judgment of this Court passed in C.W.J.C. No. 611 of 2025 (Bhola Raut & Ors. Vrs. The State of Bihar & Ors.), vide order dated 04.09.2025, in which directions have been issued to the petitioners to file exhaustive representation including the Judgment rendered by the Full Bench of this Court, which is

Patna High Court CWJC No.6316 of 2025(2) dt.09-10-2025 3/3 said to have been approved by the Hon'ble Apex Court.

4. On the other hand, learned counsel representing the University submits that this case may be directed to be decided strictly in terms of the directions issued by this Court in C.W.J.C. No. 611 of 2025 (Bhola Raut & Ors. Vrs. The State of Bihar & Ors.).

5. Considering the aforesaid submissions, this Court directs the petitioners to submit an exhaustive representation individually to the Vice Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur (respondent No.3), who would be obliged to take a final decision and pass a reasoned and speaking order deciding their claim within a period of eight weeks from the date of production of a copy of this order and if it is found that their claims are genuine and justified, the authorities are required to extend the benefits within a further period of four weeks.

6. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) pravinkumar/- U