Yadubir Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25659 of 2013 ====================================================== Yadubir Jha S/O Late Bishwanath Jha Resident Of Village- Kamalpur, P.SKunauli, Bazar, District- Supaul. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Bhupendra Narayan Mandal University Laloo Nagar Madhepura Through Its Registrar.

3. The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

4. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

5. Lalit Narayan Mithila University Darbhanga Through Its Registrar.

6. The Vice Chancellor, L.N.M.U. Darbhanga.

7. The Registrar, L.N.M.U., Darbhanga.

8. The Principal Lalit Narayan Smarak College, Birpur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Resp. 2 to 4 :

Mr. Shashi Bhushan Singh, Advocate For Resp. 5 & 6 : Ms. Binita Singh, Advocate For Resp. No. 1 :

Mr. AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 05-11-2018 The petitioner has filed the present writ petition after attaining the age of superannuation with a prayer to regularize the services of the petitioner.

Mr. Shashi Bhushan Singh, learned counsel for the respondents submits that the issue of regularization after superannuation is thoroughly misconceived.

Considering the fact that the petitioner was appointed by the Governing Body on 18.7.1980 and for the first time he approached this Court by way of filing the CWJC No. 14379 of 2010 after 30 years. CWJC No. 14379 of 2010 was disposed of by

Patna High Court CWJC No.25659 of 2013 dt.05-11-2018 2/2 order dated 3.1.2012, Annexure-12 with a direction to the University to take final decision in respect of the regularization and the University has passed order rejecting the claim of the petitioner for regularization in the light of the judgment of the Constitution Bench in the case of Secretary, State of Karnataka & Ors. Vs. Umadei & Ors., (2006) 4 SCC 1 no indulgence is warranted.

It is noted here that from perusal of the order, Annexure13 the Court does not find any infirmity warranting interference as it is maifest that the appointment was made without post in the College and in the absence of post, the question of regularization as one time measure in terms of the judgment in the case of Secretary, State of Karnataka & Ors. Vs. Umadei & Ors., (2006) 4 SCC 1 is not permissible.

Considering the reasons assigned in the order dated 24.1.2013, Annexure-13, the Court does not find it a fit case for grant of indulgence. The writ petition is accordingly dismissed. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2018 Transmission Date