Patna High CourtCWJC/5297/2014disposed

Ashwini Kumar v. The State Of Bihar And ORS

2015-07-06Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5297 of 2014 ===========================================================

1. Ashwini Kumar Son Of Late Birendra Kumar Singh Resident Of Walipur Road, Near Masjid, Jamalpur, Police Station- Jamalpur, District- Munger .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Human Resources Development Deptt., Govt. Of Bihar, Patna

2. Tilkamanjhi, Bhagalpur University Through The Registrar, Bhagalpur

3. The Registrar, Tilkamanjhi, Bhagalpur University, Bhagalpur

4. The Principal Jamalpur College, Jamalpur, District- Munger .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RATNA DEEP PRASAD For the Respondent/s : Mr. SC5- SATYADEO KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-07-2015 *************** 06.07.2015 Heard learned counsel for the petitioner and counsel for the university.

The Registrar of the university is present and filed an additional affidavit and taken a plea that the appointment of the petitioner was done against sanctioned vacant post. There were 6 posts of Class-III employees as would be evident from the recommendation of the Agrawal Commission Report in relation to the said college, i.e., Jamalpur College, Jamalpur. Petitioner's father was holder of a Class-III post and was an Assistant. Appointment of the petitioner has been made on the post of an Assistant due to vacancy arising on death of father.

Patna High Court CWJC No.5297 of 2014 dt.06-07-2015 2/2 The communication, dated 17.04.2014 was made by the Registrar to the Director, Higher Education, Government of Bihar, Patna vide letter no. 448. The Director, Higher Education, Government of Bihar is directed to take decision on the request and communication of the Registrar and revert to the Registrar on the issue with regard to the petitioner's claim for release of funds within a period of 10 weeks from the date of production / communication of a copy of this order.

The personal appearance of the Registrar stands dispensed with.

Writ application stands disposed off.

(Ajay Kumar Tripathi, J.) SKM/- U