Shyam Sundar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16914 of 2014 ====================================================== Shyam Sundar Yadav Son of Late Ram Udgar Yadav, Resident of VillageChhatauni, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Dept. of Education, Govt. of Bihar, Patna

2. The Principal Secretary, Dept. of Education, Govt. of Bihar, Patna

3. The Director, Higher Education, Dept. of Education, Govt. of Bihar, Patna

4. The Vice - Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga

5. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga

6. The Secretary, Satya Narayan Sanskrit College, Chhatauni, Madhubani

7. The Principal, Satya Narayan Sanskrit College, Chhatauni, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate.

For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 :

Mr. Ravi Kumar AC to AAG -13 For the University :

Mr. Awadhesh Pd. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2018

1. Heard learned counsel for the petitioner and counsel appearing on behalf of the State as well as University.

2. The writ petition involved issue of approval of the services of the petitioner.

3. Learned counsel for the petitioner submits that petitioner was initially appointed as 'Mali' in college in question and he is continuing in college since 05.01.1980. He has completed 38 years of service but till date his service has not been approved, although, he was paid salary upto 1999. In fact, vide Annexure-9 the University has given approval of service of

Patna High Court CWJC No.16914 of 2014(4) dt.27-09-2018 2/3 the petitioner and petitioner was also paid. He also submits that similarly circumstanced other 'Mali' who were appointed in similar manner, their services has been regularized/ approved by the University and the State Government but in the case of petitioner the respondent- University and the State Government has adopted different yardstick.

4. Considering the aforesaid fact that the petitioner has now completed 38 of years of service and similarly circumstanced others have been granted the benefit of approval of service, the writ petition is disposed of with the direction to the State Government to consider the case of the petitioner and to take appropriate decision in the light of the decision of the University granting approval of the services of the petitioner contained in annexure-11 within a maximum period of four months from the date of receipt / production of a copy of this order.

5. It is made clear that the petitioner would be entitled to all consequential benefits on the decision of the State Government granting approval of service of the petitioner. Final decision in this regard must be taken within a further maximum period of two months from the date of decision of the State Government in the matter of approval of the services of the

Patna High Court CWJC No.16914 of 2014(4) dt.27-09-2018 3/3 petitioner.

6. With the aforesaid the writ application stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U