Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10047 of 2022 ====================================================== 1.

Chandan Kumar S/o Sri Babu Lal Mahto R/o Village- Kumarganj, P.O. and P.S.- Udakishunganj, District- Madhepura.

2.

Pintu Kumar S/o Sri Satyanarayan Mistry R/o Village- Haraili, P.S.- Udakishunganj, District- Madhepura.

3.

Amarjeet Kumar Paswan @ Amarjeet Kumar S/o Late Dineshwar Paswan R/o Village- Chausa, P.S.- Chausa, District- Madhepura. 4.

Shambhu Paswan S/o Late Tiro Paswan R/o Village- Khanhan, P.S.- Udakishunganj, District- Madhepura.

5.

Lalan Kumar S/o Sri Tej Narayan Yadav R/o Village- Maheswa, P.S.- Udakishunganj, District- Madhepura.

6.

Sonu Kumar Paswan S/o Late Raghu Paswan R/o Village- Laskari, P.S.- Udakishunganj, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, New Secretariat, Patna.

2.

The Vice-Chancellor, Bhupendra Narayan Mandal University Lalu Nagar, Madhepura.

3.

Bhupendra Narayan Mandal University through The Registrar, Bhupendra Narayan Mandal University Lalu Nagar, Madhepura. 4.

The Principal, Harihar Sah College, Udakishunganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manindra Kishore Singh For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) :

Mr. Jai Prabhat Kishore, AC to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 31-10-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "1. That this is an application for issuance of appropriate writ/writs, order/orders or direction to the respondent concern to regularize the services of petitioner no. 1 to 3 on post of 3rd grade

2/4 employees and similarly petitioner no. 4 to 6 on the post of 4th grade employees on the sanctioned and vacant posts of Harihar Sah College, Udakishunganj, Madhepura, a Constituent Unit of B.N. Mandal University, Madhepura where they have been working on the said posts on fixed salaries for last 7 years and further it is prayed that till regularization, their fixed salary be paid as per minimum wages Act."

3. Learned counsel for the petitioners seeks permission to correct the cause title of the respondent No. 3 of the present writ petition.

4. Permission is accorded.

5. Registry is directed to make the necessary changes in the cause title accordingly.

6. Learned counsel appearing on behalf of the petitioners that the petitioners are working as employees of one of the constituent colleges of the respondent No. 3 herein (i.e., Bhupendra Narayan Mandal University through the Registrar) for the last seven years as on the date of filing the writ petition. Learned counsel submits that it would suffice if a direction is given to the respondent No. 3 to consider the representation seeking regularization of their services. Learned counsel therefore, prays that the Hon'ble Court may direct the respondent No. 3 to consider the representation duly taking into consideration the law laid down by the Hon'ble Supreme Court

3/4 in the case of Shripal & Anr. Vs. Nagar Nigam, Ghaziabad (Civil Appeal No. 8157 of 2024) and Jaggo vs. Union of Indian (UOI) & Ors. and Anita and Ors. vs. Union of India (UOI) & Ors. [Civil Appeal no. 14831 of 2024 (Arising out of SLP (C) No. 5580 of 2024) and Civil Appeal No. 14832 of 2024 (Arising out of SLP (C) No. 11086 of 2024] by fixing a time frame.

7. Per contra, the learned counsel appearing on behalf of the respondent No. 3 submits that the representation of the petitioners is not available with the University and therefore, the petitioners may be directed to give afresh representation ventilating their grievances and the same will be considered strictly in accordance with law.

8. Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of granting liberty to the petitioners to file a suitable representation ventilating their grievances before the respondent No. 3 within a period of four weeks from today. On such representation being given, the same shall be considered by the respondent No. 3 duly taking into consideration the law laid down by the Hon'ble Supreme Court in the above mentioned case. It is hoped that the respondent No. 3 shall endeavor to dispose of the said representation as

4/4 expeditiously as possible preferably within a period of eight weeks from the date of receipt of the representation made by the petitioners. Any orders passed shall be communicated to the parties.

9. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U