Abdul Quiyum v. Dr. Surendra Prasad Singh, The Vice Chancellor, Lalit Narayan Mithila University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2302 of 2019 In Letters Patent Appeal No.217 of 2018 ====================================================== Abdul Quiyum S/o Late Md. Muslim resident of Village- Gaus Nagar P.S. Raj Nagar, District- Madhubani At present Posted as Routine Clerk, P.S. Department of Urdu, L.N. Mithila University, Darbhanga ... ... Petitioner/s

Versus

1.

Dr. Surendra Prasad Singh, The Vice Chancellor, Lalit Narayan Mithila University Kameshwar Nagar Darbhanga 2.

Lalit Narayan Mithila University through its Registrar Nishith Kumar Ray, L.N. Mithila University Kameshwar Nagar, Darbhanga 3.

Coolnel Nishith Kumar Ray, the Registrar, L.N. Mithila University Kameshwar Nagar, Darbhanga 4.

The State of Bihar through the Principal Secretary, Higher Education, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Advocate Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Md. Nadim Seraj, Advocate Mr. Iqbal Asif Niazi, Advocate For the State : Mr. Apurva Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-09-2023 The present M.J.C. is filed for non-compliance of the order dated 20.02.2019 passed in L.P.A. No. 217 of 2018.

2. Grievance of the petitioner is that the petitioner is entitled to regularization w.e.f. 12.07.1982 in stead of 12.02.1988. Rightly or wrongly, the petitioner has been adjusted

Patna High Court MJC No.2302 of 2019(15) dt.18-09-2023 2/2 against the post of Routine Grade Clerk under the resolution dated 27.03.2006 w.e.f. 12.02.1988. In other words, petitioner's services have been regularized w.e.f. 12.02.1988.

3. The petitioner's grievance of alteration of the date of regularization is required to be decided by the respondents. In this regard, the petitioner is hereby directed to furnish a fresh application, for the reasons that respondents have taken a different view to the extent that as if the petitioner is seeking a promotion. Therefore, let there be a specific representation to the respondents and thereafter, the concerned respondent is hereby directed to decide the petitioner's representation in accordance with law, within a period of three (3) months from the date of receipt of such representation.

4. Accordingly, the present M.J.C. - contempt petition stands dropped.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U