Rakesh Kumar Gupta And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.526 of 2018 ===========================================================

1. Rakesh Kumar Gupta, S/o Late Yadu Mohan Gupta, resident of Mohalla- Amla Tola, Ward No. 30, Katihar, District- Katihar at present working as Typist, K.B. Jha College, Katihar.

2. Rajeshwar Prasad Shrivastav, S/o Late Krishnakant Sharan, resident of Mohalla- Amla Tola, Ward No. 30, Katihar, District- Katihar at present working as Typist, K.B. Jha College, Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.

2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.

3. The Director, Higher Education, Bihar, Patna.

4. The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Registrar, P.S. and District Madhepura.

5. The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, P.S. and District- Madhepura.

6. The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, P.S. and District- Madhepura.

7. The Principal, K.B. Jha College, Katihar.

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

For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Respondent/s : Mr. M. Pd. Yadaw, GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioners, State and the University.

The petitioners were initially appointed in K.B. Jha College, Katihar at the time when the college was affiliated. In terms of the policy decision of the State Government to convert the Colleges in phase wise manner as constituent unit, the college in question was made constituent Unit of B. N. Mandal University. After take over of the College as constituent unit, on 12.02.1990 the State Government

Patna High Court CWJC No.526 of 2018 dt.18-07-2018 2/2 issued letter no. 25(C) with regard to provisional absorption of nonteaching employee, the name of the petitioners figure in the list in letter no. 25 (C). In view of the judgment of the Apex Court in the case of State of Bihar & Ors. Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors., reported in (2005) 9 SCC 129, the University took decision to absorb the petitioners, which was subsequently reviewed by the University.

Considering the decision passed in C.W.J.C. No. 17670 of 2017, the writ application is allowed. The order reviewing the absorption of the petitioners is hereby declared as nullity. The respondents are directed to restore the petitioners the status of absorbed employee with all consequential benefits within a period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2018 Transmission Date