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Patna High CourtCWJC/8201/2010disposed

Malti Jha And ANR v. The State Of Bihar And ORS

2018-07-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8201 of 2010 ======================================================

1. Malti Jha, W/O Anil Kumar Jha, Lab Incharge In Department Of Home Science,M.L.S.M.College,Darbhanga,Lalit Narayan Mishra University, Darbhanga.

2. Sudhir Kumar Mishra, S/O Sri Dwarika Mishra, Tabla Player In Department Of Music,M.L.S.M.College,Darbhanga,Lalit Narayan Mishra University, Darbhanga.

... ... Petitioner/s

Versus

1. The State Of Bihar.

2. The Commissioner Cum Principal Secretary, Department Of Human Resources, Govt. Of Bihar, Patna.

3. The Lalit Narayan Mithila University Through Its Vice Chancellor, Kameshwar Nagar, Darbhanga, District Darbhanga.

4. The Vice Chancellor Of Lalit Narayan Mithila University ,KAMESHWAR Nagar, Darbhanga, District Darbhanga.

5. The Registrar Of Lalit Narayan Mithila University,Kameshwar Nagar, Darbhanga, District Darbhanga.

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocat For the Respondent/s :

Mr. (Sc1) For the University :

Mr. Ajay Bihari Sinha, Advocate Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

In view of the judgment of this Court in C.W.J.C. No. 17670 of 2017, the writ petition is disposed of as names of the petitioners figure in letter no. 25/C dated 12.02.1990 and as such the respondents are required to treat the petitioners as absorbed employees in terms of the judgment of the Apex Court reported in the case of State of Bihar & Ors. vs. Bihar Rajya

Patna High Court CWJC No.8201 of 2010(9) dt.26-07-2018 2/2 M.S.E.S.K.K. Mahasangh & Ors. reported in (2005)9 SCC 129 and grant all consequential benefits to the petitioners, treating the petitioners as absorbed employees in terms of Section 4 (1) (14) of the University Act.

The consequential benefit must reach the petitioners within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U