Raj Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4516 of 2018 =========================================================== Raj Kumar Gupta, S/o Late Siya Ram Sah, R/o Village Karbighagia, Distt. - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Govt. of Bihar, Patna.

2. The Vice Chancellor, Magadh University, Bodh Gaya, Bihar.

3. The Registrar, Magadh University, Bodh Gaya, Bihar.

4. The Principal Secretary, Education Department (Higher Education), Govt. of Bihar, Patna.

5. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

6. The Principal, Sri Guru Govind Singh College, Patna City, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Kameshwar Kumar- GP17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner, State and the University.

The petitioner was initially appointed in Sri Guru Govind Singh College, Patna City 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 Magadh University. After take over of the College as constituent unit, on 12.02.1990 the State Government issued letter no. 25(C) with regard to provisional absorption of non-teaching employee, the name of the petitioner figures 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

Patna High Court CWJC No.4516 of 2018 dt.18-07-2018 2/2 M.S.E.S.K.K. Mahasangh & Ors., reported in (2005) 9 SCC 129, the University took decision to absorb the petitioner, 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 petitioner is hereby declared as nullity. The respondents are directed to restore the petitioner 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 Date28.07.2018 Transmission Date