Patna High CourtL.P.A/1024/2014dismissed

Shivjee Mahto v. The Kameshwar Singh Darbhanga University And ORS

2017-04-06Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1024 of 2014 IN Civil Writ Jurisdiction Case No. 3718 of 2014 =========================================================== Shivjee Mahto S/o Late Parishan Mahto Resident of Village and P.O.- Sasaula, P.S.- Majorganj, District- Sitamarhi .... .... Appellant/s

Versus

1. The Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, through Its Vice Chancellor

2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

3. The Mithila Sanskrit College, Sasaula Sabha, P.O. Sasaula, District- Sitamarhi, through its Secretary.

4. The Principal, Mithila Sanskrit College, Sasaula, Sabha, P.O. Sasaula, DistrictSitamarhi. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Bipin Bihari Singh, Advocate Mr. Shyama Kant Singh, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-04-2017 Heard counsel for the appellant.

The Learned Single Judge has dismissed the writ application by order, dated 18.04.2014, refusing to give any direction for payment of salary to the appellant, because the Court was not satisfied with regard to the bona-fide of appointment at the very first place.

The liability of the university and the State will come in, provided proper procedure has been followed and the appointment

Patna High Court LPA No.1024 of 2014 dt.06-04-2017 2/2 has been made by the competent authority. Such appointments cannot create liability either upon the university or the State, since the engagement or appointment, if at all, has been made by the adhoc managing committee, the liability to pay salary or remuneration, therefore, will be of the adhoc managing committee or the persons, who have taken work from him. The burden cannot be shifted upon the State Government.

No interference is warranted with the order of the Learned Single Judge. Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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