Shambhu Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16022 of 2025 ====================================================== Shambhu Kumar Thakur S/o Late Jagnnath Thakur, Resident of -Prashasnik Bhawan, M.R.M. College Campus, Post- Lalbagh, District-Darbhanga. Presently posted as IVth Grade employee at M.R.M. College Darbhanga. ... ... 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 Director, Higher Education, Education Department, Govt. of Bihar, Patna.

4.

The Vice Chancellor, L.N. Mithila University, Darbhanga. 5.

The Registrar, L.N. Mithila University, Darbhanga. 6.

The Finance Officer, L.N. Mithila University, Darbhanga. 7.

The Principal, M.R.M. College, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the Respondent/s :

Addl. Advocate General (04) For LNMU :

Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been listed under the heading 'For Office Notes' for condonation of delay of 6 days.

3. Delay is condoned.

4. At this stage, learned counsel for the petitioner submits that the instant case is covered by the judgment of the coordinate Bench rendered in CWJC No. 18985 of 2017 vide order dated 16.08.2018, in which directions were issued to

Patna High Court CWJC No.16022 of 2025(2) dt.25-09-2025 2/3 consider the petitioner's case in light of the decisions rendered in CWJC No. 8532 of 2008 vide order dated 19.07.2011, which is appended to the writ application as Annexure-P/12. It is further submitted that the petitioner's claim for promotion to the post of Lower Division Clerk from its due date was not considered merely on the ground that his appointment was made on compassionate grounds. The learned counsel further submits that the issue has been finally laid down and settled by the order dated 16.02.2008. It is also submitted that a representation in this behalf has been submitted before respondent no. 4 for consideration of his grievances in terms of the judgment rendered by the coordinate Bench of this Court, as referred to hereinabove.

5. Learned counsel for the University submits that the representation said to have been filed by the petitioner may be directed to be disposed of in light of the judgment of the coordinate Bench as indicated aforesaid.

6. Considering the arguments advanced on behalf of the parties, the instant writ application is disposed of with a direction to respondent no. 4 to consider the case of the petitioner strictly in consonance with the ratio laid down by the order dated 16.02.2018 passed in CWJC No. 18985 of 2017,

Patna High Court CWJC No.16022 of 2025(2) dt.25-09-2025 3/3 within a period of eight weeks from the date of production/receipt of a copy of this order.

7. The petitioner shall be obliged to produce any other materials required by the University during the course of adjudicating the grievances and shall give full cooperation in getting the matter decided.

8. In view of the above, the instant writ application stands disposed of.

9. It is made clear that if the petitioner's case is found similar to that of the petitioner in CWJC No. 8532 of 2008, then similar treatment shall be extended to the present petitioner within the same timeframe.

(Ajit Kumar, J) shikha/- U