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Patna High CourtCWJC/17423/2019allowed

Madan Kumar Choudhary v. The State Of Bihar

2019-08-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17423 of 2019 ====================================================== Madan Kumar Choudhary Son of late Ram Sudisht Choudhary, Ward No. 47, K.M. Tank Phulwari, P.S. Laheria Sarai, Darbhanga Bihar 846001 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

4.

Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5.

Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1 (Sc13) For LNMU :

Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Heard the parties.

The issue raised in the present writ application was considered by this Court in C.W.J.C. No. 16835 of 2014 on 18.09.2018.

This Court on consideration of the judgment of the Apex Court in the case of State of Bihar & Ors Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh, reported in (2005) 9 SCC 129 and also on consideration of the letter of the Director, Higher Education dated 03.04.2006 as well as the bipartite agreement between the parties dated 12.10.2004, has passed the order.

Patna High Court CWJC No.17423 of 2019(2) dt.27-08-2019 2/2 Learned counsel for the petitioner submits that pursuant to bipartite agreement between the parties, the service of the petitioner was absorbed vide Annexure-4 and thereafter the University has reviewed its decision. This Court has held out that the University has power to review its previous decision. Considering the aforesaid, the writ application is allowed. The respondents have to ensure payment of salary (arrears and current) treating the petitioner as absorbed pursuant to bipartite agreement, which has binding effect in view of the judgment of the Apex Court in the case of State of Bihar & Ors. Vs. Sunny Prakash & Ors, reported in (2013) 3 SCC 559. (Anil Kumar Upadhyay, J) S.Katyayan/- U