Arun Malakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10912 of 2017 =========================================================== Arun Malakar, S/o Late Chamru Mali, resident at + P.O. - Singhaul, Ward No. 1, P.S.- Muffasil, District - Begusarai, presently posted as IVth grade employee at G.D. College, Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Higher Education, Govt. of Bihar, Patna.

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

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Principal, G.D. College, Begusarai.

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

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15 Mr. P. R. Singh, AC to AAG-15 For the University : Mr. Md. Nadim Seraj, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 02-05-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as University.

2. The grievance of the petitioner in the writ application is discrimination in the matter of implementation of the order as contained in Memo no.2452/12 dated 02.09.2012.

3. Learned counsel for the petitioner submits that the case of 11 persons was considered by the University including the petitioner. Out of 11, the notification contained in Annexure-3 was implemented, so far as 10 other persons are concerned, but a different standard was adopted by the respondent University in the

Patna High Court CWJC No.10912 of 2017 dt.02-05-2018 2/2 matter of granting benefit to the petitioner.

4. In view of the aforesaid, the writ application is disposed of with a direction to the University to extend the similar benefit to the petitioner like others, as contained in Annexure-3. In case, the university feels that the petitioner cannot be granted such benefit and notification dated 02.09.2012 is erroneous, the University may take corrective measures and annul the notification and withdraw the benefit given to all other persons, whose names figured in the order, as contained in Annexure-3, otherwise the respondents have extended the same benefit to the petitioner from the date the benefit was extended to ten similarly circumstanced persons mentioned in Annexure-3. Entire exercise in this regard must be completed within a maximum period of 60 days from the date of receipt/production of a copy of this order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date08.05.2018 Transmission Date