Satyendra Kumar v. The Patliputra University, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16739 of 2021 ====================================================== Satyendra Kumar Son of Naresh Ray Resident of Village- Patsa, P.O. and P.S.- Bihta, District- Patna, Pin Code- 801103 (Bihar). ... ... Petitioner/s

Versus

1.

The Patliputra University, Patna through the Vice Chancellor. 2.

The Registrar, Patliputra University, Patna.

3.

The Principal, Sri Gadadhar Acharya Janta College, Rambagh, Bihta, District- Patna (Bihar).

4.

The Vice Chancellor, Magadh University, Bodh Gaya, District- Gaya (Bihar).

... ... Respondent/s ====================================================== Appearance :

Appearance :

For the Petitioner/s :

Mr.Abhishek, Advocate Mr. Subhen Sarkar, Advocate For the MU :

Mr. Siddhartha Prasad, Advocate For the PPU :

Mr. Rana Vikram Singh, Advocate Ms. Rasika, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2025 Heard Mr. Abhishek along with Mr. Subhen Sarkar, learned counsels appearing on behalf of the petitioner; Mr. Siddhartha Prasad, learned counsel for the MU and Mr. Rana Vikram Singh along with Ms. Rasika, learned counsels for the PPU.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "(i) For directing the respondents to take proper steps regarding regularization of the services of the petitioner who is regularly working on the post of sweeper, as a Daily Wage Worker, since the year 1999 in Sri Gadadhar Acharya Janta College, Rembagh, Bihta.

2/4 (ii) For directing the Respondent Authorities to take decision on the several recommendations made by the Principal of Sri Gadadhar Acharya Janta College, Rambagh, Bihta regarding regularization of service of the petitioner against the sanctioned post of sweeper.

(iii) For a direction to the Respondents to take decision as the representations filed by the petitioner for regularization of his service on the sanctioned post of sweeper in Sri Gadadhar Acharya Janta College, Rambagh, Bihta.

(iv) For grant of any other relief/reliefs in view of the fact and circumstances of the present case."

3. Learned counsel appearing on behalf of petitioner submits that the petitioner seeks to file a detailed representation for redressal of his grievance before the Registrar, Patliputra University.

4. Learned counsel appearing on behalf of the Patliputra University informs that service particulars and records relating to the petitioner is with the Magadh University as the petitioner was appointed in the Magadh University and after re-organization of the two universities, Magadh University and Patliputra University, the records have already been requested to be sent by the Magadh University by the Registrar of the Patliputra University.

5. The Vice-Chancellor, Magah University is directed to forthwith send all the records and particulars relating to the petitioner, namely, Satyendra Kumar not beyond a period of two weeks. The Registrar of the Patliputra University

3/4 is also directed to request on his own to the Vice-Chancellor of the University or the Registrar of the Magadh University, so that the records are made available. Such communication is required to be made by special messenger of the Patliputra University, who is required to be handed over all service particulars of the petitioner well within a period of two weeks.

6. The Registrar Patliputra University is directed to consider the grievance of the petitioner as prayed for in the present writ petition. The petitioner is a sweeper and it has been informed that he is working since 1995 in Shri Gadadhar Achrya Janta College, Rambagh Bihta, which is a constituent college of the Magadh University. The Registrar of the Magadh University is required to verify, as to whether, the college in question is a constituent college and whether the date of the constituent is from the effective date, as has been determined by the Apex Court in case of State of Bihar and Others vs. Bihar Rajya M.S.E.S.K.K. Mahasangh and others, reported in (2005) 9 SCC 129 and thereafter dispose of the representation of the petitioner and give due salary which has not been paid to him. In case the petitioner is working on contract basis or daily wages, then in that case, his services are required to be considered in light of the law laid down by the Hon'ble

4/4 Supreme Court in the cases of Jaggo Vs. Union of India & Ors. (SLP (C) No. 5580 of 2024); Vinod Kumar and Ors. Etc. Vs. Union of India & Ors., reported in (2024) 1 S.C.R. 1230 and Shripal & Anr. vs. Nagar Nigam, Ghaziabad (Civil Appeal Nos. 8158-8179 of 2024).

7. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U