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Patna High CourtCWJC/8123/2018disposed

Manoj Kumar Singh v. The State Of Bihar And ORS

2018-07-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8123 of 2018 =========================================================== Manoj Kumar Singh, son of Late Rajendra Singh, Resident of Village- Rasalpur, P.S.- Mufasil, P.O.- Manpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

2. The Principal Secretary, Department of Higher Education, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

3. The Secretary, Department of Education, Government of Bihar, Patna.

4. The Veer Kunwar Singh University through its Registrar, Ara.

5. The Vice- Chancellor, Veer Kunwar Singh University, Ara.

6. The Registrar, Veer Kunwar Singh University, Ara.

7. Finance Officer, Veer Kunwar Singh University, Ara.

8. The Principal, Mahila College, Dalmianagar, Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ugranath Mallik, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy No-1, SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard Mr. Yugal Kishore Prasad, learned senior counsel appearing on behalf of the petitioner, State and the University. Learned counsel for the petitioner submits that the petitioner was appointed on 05.08.1985 on the post of Clerk and his name figures in three Men Committee Report. He submits that the petitioner was regularly paid salary up to 2006, although no formal notification of absorption was issued.

In view of the discussion made in C.W.J.C. No. 17670 of 2017 the writ application is disposed of with a direction to the respondents to examine the claim of the petitioner and if it is found

Patna High Court CWJC No.8123 of 2018 dt.18-07-2018 2/2 that the petitioner was appointed on 05.08.1985 and he has necessary qualification for the post and the post is still available, his case may be considered for absorption. Necessary decision in this regard must be taken by the University within a period of four months from the date of receipt/production of a copy of this order. In case, the petitioner is found eligible for absorption in the light of the discussion in C.W.J.C. No. 17670 of 2017, the respondent University is directed to work out the consequential benefit for payment of salary to the petitioner within the time frame of four months as indicated herein above.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date28.07.2018 Transmission Date