Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.49 of 2018 =========================================================== Ashok Kumar Singh, Son of Late Gurdeo Singh, Resident of Village- Lahuar, P.O.- Telhar, P.S.- Mahesi, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resource Department, Government of Bihar, New Secretariat Building, Bihar.

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

3. The Registrar, B.N. Mandal University, Madhepura.

4. The Finance Officer, B.N. Mandal, Madhepura.

5. The Principal, S.N.S.R.K.S. College, Saharsa. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner and State as well as University.

2. The petitioner was appointed as peon whereas he joined on 02.01.1985.

3. Learned counsel for the petitioner submits that the college in question was made constituent w.e.f. 31.07.1987. He further submits that in the affidavit filed by the State Government before the Justice Agrawal Commission, the name of the petitioner figures at serial no.2 in the list of Class-IV employee. However, neither the name of the petitioner figures in the Justice Agrawal Commission nor he was absorbed by the University.

4. Under the aforesaid circumstances, the writ

Patna High Court CWJC No.49 of 2018 dt.18-07-2018 2/2 application is disposed of with a direction to the University that in case the petitioner was appointed against the vacant/sanctioned post and he is eligible for such post, the University will examine the claim of the petitioner and pass appropriate order in the light of the observations by this Court on 17.07.2018 in C.W.J.C. No. 17670 of 2017.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date25.07.2018 Transmission Date