Ramesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12988 of 2025 ====================================================== Ramesh Kumar Singh S/o Anant Narayan Singh Resident of Village- Inai, Revelganj, District- Saran, presently working as P.T.I., Jagdam College, Chapra, Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Vice Chancellor, J.P. University, Chapra, District- Saran. 4.

The Registrar, J.P. University, Chapra, District- Saran. 5.

The Finance Officer, J.P. University, Chapra. 6.

The Principal, Jagdam College, Chapra, Saran, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Manish Kumar, AC to GP-12 For the J.P.U.

:

Mr. Bindhyachal Rai, Advocate Mr. Chandan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Jai Prakash University.

2. The present case has been filed on behalf of the petitioner for the following reliefs:- (i) For commanding and directing the respondents to regularize the service of the petitioner with all consequential benefit, who is working as P.T.I. Jagdam College, Chapra, Saran from 09.05.2006 till date in view of law laid down by the Hon'ble

2/4 Apex Court in SLP (c) No.5580/2024, judgment dated 20.12.2024 (Jaggo Vs. Union of India & Ors.) and also in the light of order passed in Appeal No.28/2015 dated 18.08.2016 by which the Hon'ble Apex Court has held that the temporary employees are entitled to be regularized with back wages, as the petitioner was appointed on sanctioned vacant post, extention of service was made by the direction of respondent no.3, payment made by the direction of University and upon the direction of University, the petitioner represented the University in different tournament as Instructor and further a direction to grant all consequential monetary benefit to the petitioner.

(ii) For any other relief(s) to which the petitioner is found entitled to in the facts and circumstances of the case.

3. It is the case of the petitioner that the petitioner was appointed as P.T.I. on contractual basis against sanctioned vacant post vide Memo No.2494 (R) dated 09.05.2006, in Jagdam College, Chapra, Saran, which is constituent unit of J.P. University, Chapra. It is next submitted that the petitioner was initially appointed for six months, and time to time, the period of contractual appointment was extended, which is evident from the documents appended in the instant writ application. In this regard, it has also been submitted that the petitioner has

3/4 qualification of graduation and has passed Bachelor of Physical Education and he is a renowned player of State level game and he holds qualification for being regularized against the post of P.T.I. In this regard, he has further submitted that a detailed represenation has already been submitted before Vice Chancellor, Jai Prakash University, Chapra. He further submits that in a similar case, an order of regularization has also been passed by the Hon'ble Chancellor of the Universities, which is also appended as Annexure-P/9 to the instant writ application, which is contained in Memo No.2043 dated 01.08.2018.

4. Learned counsel for the University submits that there is already a representation made before the competent authority and the same may be directed to be decided in accordance with law by the authority competent.

5. Taking into consideration the submissions of the parties and considering the fact that the Vice Chancellor of J.P. University is required to take a call by passing an appropriate order with regard to the regularization of the petitioner, taking into the account the services rendered till date, which is in consonance with the dictum of the Hon'ble Apex Court, as also referred by the counsel for the petitioner during the course of hearing. In that view of the matter, it is expected that the

4/4 competent authority of the University would decide the claim of the petitioner within a period of three months. In case, if any assistance of the petitioner is required, he should accordingly be asked to cooperate with the proceedings which is initiated for the purpose of regularization.

6. It is made clear that in case the authorities decide to regularize the petitioner in service, the consequential benefits which accrues in favour of the petitioner shall be settled in his favour.

7. Accordingly, this instant writ application stands disposed of with the aforesaid observation and direction. (Ajit Kumar, J) shikha/- U