Binay Kumar Chaudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4095 of 2018 =========================================================== Binay Kumar Chaudhary, Son of Sri Vijay Narayan Chaudhary, Resident of Professor Colony, Lal Bagh, P.S. Town , P.S. District- Darbhanga. .... .... 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, Dharbhanga through its Registrar.
4. The Vice Chancellor, Lalit Narayan Mithila, Darbhanga.
5. The Registrar, Lalit Narayan Mithila University, Darbhanga.
6. Dr. Sharad Kumar Jha, Son of not known Lecturer in Home Science M.L.S.M. College, Darbhanga.
7. Dr. Kaushlendra Choudhary, Son of not known Lecturer in Home Science M.L.S.M. College, Darbhanga.
8. Dr. Satya Prakash Jha, Son of not known Lecturer in Home Science M.L.S.M. College, Darbhanga.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binodanand Mishra, Advocate For the Respondent/s : Mr. Madanjeet Kumar, GP-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 The name of the petitioner figures in letter no. 36 (C) issued by the State Government as supplementary list for provisional absorption of the employees of the erstwhile affiliated college made constituent unit. After the decision of the State Government provisionally they were absorbed and the petitioner was paid salary. In fact, after the decision of the Apex Court in the case of State of Bihar & Ors. Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors., reported in (2005) 9 SCC 129, the University considered his case in the light of the decision of the Mahasangh case (supra) and the
Patna High Court CWJC No.4095 of 2018 dt.18-07-2018 2/2 University absorbed his services in exercise of jurisdiction under Section 4 (1) (14) of the Bihar State Universities Act. Later on, that decision was reviewed by the University at the dictate of State Government. Considering the fact that earlier decision of absorption of petitioner was taken in accordance with the principle laid down by the Apex Court in the case of Mahasangh case (supra) and the decision passed in C.W.J.C. No. 17670 of 2017, the order reviewing the earlier decision of absorption is hereby declared as nullity. The respondents are directed to restore the petitioner the status of absorbed employee with all consequential benefits. Final decision in this regard must be taken by the respondents within a period of four months from the date of receipt/production of a copy of this order.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 4.08.2018 Transmission Date