Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23240 of 2011 ====================================================== Binod Kumar, Son Of Sri Chandramuni Prasadshahi, Resident Of Village Sudwara (BARINARYANPUR), P.S. - Kurhani, District Muzaffarpur ... ... Petitioner

Versus

1. The State Of Bihar Through The Principal Secretary Department Of Human Resource Development, Government Of Bihar, Patna

2. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur

3. The Registrar B.R.A. Bihar University, Muzaffarpur

4. The Principal L.N. College, Bhagwanpur, Vaishali ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Chandra For the State :

Mr. Mrityunjay Kumar, AC to GA 3 For B R A University :

Mr. Ajay Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel representing the respondent University.

The petitioner claims that he was appointed in the year 1984 and since then he has been regularly working on the post of Lab Incharge in the Department of Psychology in Laxmi Narayan College, Bhagwanpur, Vaishali. He submits that similarly circumstanced other persons, namely, Ashok Nandan Kumar and Sadhu Saran who were appointed in similar manner in the college in question, were regularized as Class III employees pursuant to the orders passed by this Court in CWJC No. 55 of 2012 and CWJC No. 6057 of 2012. Learned counsel

Patna High Court CWJC No.23240 of 2011(13) dt.29-10-2018 2/2 representing the petitioner submits that the present writ application involves the similar issue and as such the petitioner deserves similar treatment.

Considering the fact that the petitioner was appointed in the year 1984 and there are certain reports which indicate that the petitioner has actually worked in the college in question, the writ petition is disposed of with the direction to the respondents to take appropriate decision strictly in accordance with the direction issued in CWJC No. 55 of 2012 disposed of on 05.01.2012 and CWJC No. 6057 of 2012 disposed of on 29.03.2012 with regard to regularization of service of the petitioner with all consequential benefits at the earliest, preferably within a period of four months from the date of receipt/production of a copy of this order. While taking decision the respondent authorities have to consider the principles laid down by the Apex Court in the case of Amarkant Rai vs State of Bihar & Ors. [(2015) 8 SCC 265].

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U