Devendra Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5193 of 2018 ======================================================

1. Devendra Kumar S/o Ram Aswrup Lal R/o Village Sadar Gali, Patna City, Distt.- Patna.

2. Bechan Ray S/o late Humela Ray R/o Village & P.O. Tiskhora, P.S. Naubatpur, Distt. Patna.

3. Umesh Ram S/o late Bachan Ray R/o Village & P.O. Tiskhora, P.S. Naubatpur, Distt. Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Govt. of Bihar, Patna.

2. The Vice Chancellor, Magadh University, Bodhgaya, Bihar.

3. The Registrar, Magadh University, Bodhgaya, Bihar.

4. The Principal Secretary, Education Department, (Higher Education), Govt. of Bihar, Patna.

5. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

6. The Principal, Sri Guru Govind Singh College, Patna City, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Prabhakar Jha -GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 19-07-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State as well as University.

2. Mr. Shashi Bhushan Kumar, learned counsel appearing on behalf of the petitioner submits that petitioner was appointed as Peon/Lab. Boy in Guru Govind Singh College and at the time when the college was affiliated it was in Magadh University. After the college was made constituent in the 4th phase, the State Government issued letter No. 25C and the name of the petitioners figure in the said letter.

3. Learned counsel for the petitioners further submits that the University has taken decision pursuant to the direction of

Patna High Court CWJC No.5193 of 2018 dt.19-07-2018 2/2 the Apex Court in the case of State of Bihar Vs. Bihar Rajya MSESKK Mahasangh: (2005) 9 SCC 129 for absorption of the petitioners. After the notification of absorption, the said decision was reviewed by the University. Counsel submits that the University has no jurisdiction to review its earlier decision as the said decision was taken pursuant to the direction of the Apex Court.

4. The decision of review is hereby declared as null and void.

5. In view of the decision rendered by this Court in CWJC No. 17670 of 2017, this writ petition is allowed. The respondent-University is hereby directed to treat the petitioners as absorbed employees and restore the same status and grant all consequential benefits to the petitioners treating them as absorbed employee within a period of four months.

6. With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.07.2018 Transmission Date