Laxman Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.492 of 2020 Bashishta Narayan Singh Son of Late Raghunath Singh Resident of VillageGariba, P.S.-Kalyanpur, District-East Champaran, Presently Posted as Peon/Lab Assistant (Botany), Mahesh Prasad Sinha Science College, B.R.A. Bihar University, Muzaffarpur.
The State of Bihar through the Chief Secretary, Government of BIhar, Patna. The Principal Secretary, Department of Education, Government of BIhar, The Secretary, Department of Education, Government of BIhar, Patna. The B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. The Vice Chancellor, B.R. Ambedkar BIhar University, Muzaffarpur. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur. The Principal, Mahesh Prasad Sinha Science College, B.R. A. Bihar University, Muzaffarpur.
Civil Writ Jurisdiction Case No. 3210 of 2021 Laxman Pandit Son of Late Kishun Pandit Resident of Village- Dumri, P.O.- Mahanwa, P.S.- Majhauliya, District- West Champaran. Presently Residing at Professors Colony, Gobarsahi, P.S.- Bhagwanpur, District- Muzaffarpur. Presently posted as Peon (Class IV Employess), Mahesh Prasad Sinha Science College, B.R.A. Bihar Universirty, Muzaffarpur. The B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur. The Principal, Mahesh Prasad Sinha Science College, B.R. A. Bihar University, Muzaffarpur.
2/5 Civil Writ Jurisdiction Case No. 5537 of 2021 Birendra Kumar Singh, Son of Baleshwar Prasad Singh, Resident of Ward No.-28, Yushufpur, Chauhatta, Hajipur, P.S.-Hajipur Town, District-Vaishali, Presently posted as Peon (Class IV Employees), R.N. College, Hajipur, Vaishali.
Mohammad Asgar, Son of Md. Isamail, Resident of Village-Rajasan, P.O.- Rajasan, P.S.-Bidupur, District-Vaishali, Presently posted as Peon (Class IV Employees), R.N. College, Hajipur, Vaishali.
The B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur. The Principal, R.N. College, Hajipur, Vaishali. Civil Writ Jurisdiction Case No. 10390 of 2021 Madan Mohan Singh Son of Late Dhaneshwar Singh Resident of VillageKolwara Narangi Jiunath, P.S.- Sarai, District- Muzaffarpur, Presently posted as Routine Clerk, Rameshwar College, Muzaffarpur. The State of Bihar Through the Chief Secretary, Government of Bihar, The Chief Secretary Government of Bihar, Patna. The Principal Secretary Department of Education, Government of Bihar, The Secretary Department of Education, Government of Bihar, Patna. The B.R.
Ambedkar Bihar University Muzaffarpur through its Registrar. The Vice Chancellor B.R. Ambedkar Bihar University, Muzaffarpur. The Registrar B.R. Ambedkar Bihar University, Muzaffarpur. The Finance Officer B.R. Ambedkar Bihar University, Muzaffarpur. The Principal Rameshwar College, Muzaffarpur.
3/5 Civil Writ Jurisdiction Case No. 16794 of 2021 Raj Mangal Ram Son of Yogendra Ram, Resident of Village-Madhopur Susta, P.O.-Susta, P.S.-Maniari, District-Muzaffarpur. Dinesh Pandit, Son of Shatrudhan Pandit, Resident of Mohalla-Near Mahta Ground, Rambagh Road, Musahri, P.S.-Mithanpur, District-Muzaffarpur. Ram Lagan Ram, Son of Late Bijali Ram, Resident of VillagePurushottampur Parkhotimpur, P.S.-Maniyari, District-Muzaffarpur. Umesh Ram, Son of Jawahar Ram, Resident of Village-Chandwara, Ward No. 4, Makarri Barhanpura, P.S.-Muzaffarpur Town, District-Muzaffarpur. The B R Ambedkar Bihar University, Muzaffarpur through its Registrar. The Vice Chancellor, B R Ambedkar Bihar University, Muzaffarpur. The Registrar, B R Ambedkar Bihar University, Muzaffarpur. The Finance Officer, B R Ambedkar Bihar University, Muzaffarpur. The Principal, Mahila Shilp Kala Bhawan College, Muzaffarpur. Appearance :
(In Civil Writ Jurisdiction Case No. 492 of 2020) For the Petitioner/s :
Mr. Vijay Kumar Singh, Advocate Mr. Jagjit Roshan, Advocate For the State :
Ms. Meera Singh, AC to GP-23 For the University :
Mr. Viveka Nand Singh, Advocate (In Civil Writ Jurisdiction Case No. 3210 of 2021) For the Petitioner/s :
Mr. Vijay Kumar Singh, Advocate Mr. Jagjit Roshan, Advocate For the Respondent/s :
AC to AG For the University :
Mr. Viveka Nand Singh, Advocate (In Civil Writ Jurisdiction Case No. 5537 of 2021) For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the State :
Mr. Madanjeet Kumar, GP-20 For the University :
Mr. Bindhyachal Rai, Advocate Mr. Sunil Kumar Karn, Advocate (In Civil Writ Jurisdiction Case No. 10390 of 2021) For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the State :
Mrs. Binita Singh, SC-28 For the University :
Mr. Vikash Kumar, Advocate (In Civil Writ Jurisdiction Case No. 16794 of 2021) For the Petitioner/s :
Mr. Jagjit Roshan, Advocate For the State :
Mrs. Binita Singh (SC-28)
4/5 For the University :
Mr. Viveka Nand Singh, Advocate CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-03-2025 Heard the parties.
2. Learned counsel appearing on behalf of the petitioners submits that the case of the petitioner is covered by the decision of a co-ordinate Bench of this Court passed in CWJC No. 4986 of 2021 (Pinki Devi vs. the State of Bihar & Ors.) and analogous cases, wherein, upon consideration of the judgment passed in Braj Kishore Singh & Ors. Vs. The State of Bihar & Ors., reported in 1997 (1) PLJR 509, the batch of writ petitions were disposed of with a direction to consider the entitlement of the petitioners if the services of the petitioner have been found to be continuous without any interruption till the period of their regularization. The entire period has to be counted in light of the law laid down by the Apex Court in the case of Direct Recruit Class II Engineering Officers Association Vs.
State of Maharashtra reported in AIR 1990 SC 1607. Learned counsel further submitted that the individual cases of the petitioners also deserve to be considered for calculating the pensionary benefits from the date of their initial appointment.
5/5 Bihar University, Muzaffarpur.
3. Learned counsel appearing on behalf of the University informs that in view of the admitted position in paragraphs no. 4 to 8 of the counter affidavit filed on behalf of the University, the University appears to have already taken steps to make payment to the petitioners.
4. Considering the aforesaid information, the Registrar of the University is directed to forthwith place the service particulars relating to the petitioners before the Additional Chief Secretary, Education Department or before the Director, Higher Education so that steps for payment of pensionary benefits can be done well within a period of three months from the date of communication of this order.
5. Accordingly, the present writ petitions stand disposed of.
(Purnendu Singh, J) Niraj/- U