Dr. Md. Ilyas And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11534 of 2000 ======================================================
1. Dr. Md. Ilyas son of late Md. Yusuf, University Professor, Department of Mathematics, Gaya, College, Gaya.
2. Dr. Kumar Kaushalendra Narayan son of Shree Kant Tiwari, Reader, Department of English, Gaya College, Gaya.
3. Dr. (Mrs) Vijay Laxmi Verma wife of Dr. Shailesh Kumar Verma, Reader, Department of Pol. Science, Gaya College, Gaya
4. Dr. Mahendra Narayan Singh, son of late Nanhak Prasad Singh, University Professor, Department of History, Gaya, College, Gaya
5. Dr. (Mrs.) Mahjabeen Neshat Anjum,wife of Dr. Farasat Hussain, Reader, Department of English, G.B.M. College, Gaya.
6. Dr. Shyam Nath Nandkeoliyar, son of late Rama Nath Nandkeoliyar, University Professor, Department of Economics, Gaya College, Gaya ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary, Department of Higher Education, New Secretariat, Government of Bihar, Patna
3. The Magadh University, Bodh Gaya, through its Registrar, Bodh Gaya, District-Gaya
4. The Vice-Chancellor, Magadh University, Bodh Gaya, District-Gaya
5. The Finance Officer, Magadh University, Bodh Gaya, District-Gaya ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Singh,Sr. Advocate Mr. Nirala Singh, Advocate Mr. Gyanendra Kumar Diwakar For the Respondent/s :
Mr. (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-10-2018 In view of the supplementary affidavit filed in the present application, the present application has become academic. The issue of counting of seniority has been decided by Justice S.N. Jha (Retd.) Committee. So far as petitioner nos. 1 and 4 are concerned, it has been already decided by Justice S.N. Jha Committee that the appointment of the petitioners is after following the appointment process and selection and therefore, the date of initial appointment shall be the date of counting of
Patna High Court CWJC No.11534 of 2000 dt.25-10-2018 2/2 seniority and not from the date of absorption.
2. Mr. Singh, learned senior counsel appearing on behalf of the petitioners submits that he has no instruction from the petitioner no.5 and as such he is not in a position to assist the Court about the status of petitioner no.5.
3. In view of the above, the writ petition stands disposed of with direction to the University to count the seniority of the petitioner from the initial date of appointment and grant all the consequential benefits treating the initial date of appointment as the date of entry in service for all practical purpose.
4. The University is also required to consider the case of other petitioners if they were appointed following the selection process in their case also the benefit of seniority from the date of initial appointment may be given with all consequential benefits within the time frame of four months from the date of receipt/production of the copy of this order.
5. With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2018 Transmission Date