Narendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6399 of 2018 =========================================================== Narendra Kumar Singh, S/o late Tapeshwar Singh, Resident of Village- Tira Parsawan, P.S. Harnaut, District-Nalanda, Bihar. .... .... Petitioner/s

Versus

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

2. The Magadh University through its Registrar, having office at Bodh-Gaya, Distt.Gaya.

3. The Vice Chancellor, Magadh University, having office at Bodh -Gaya, District- Gaya.

4. The Registrar, Magadh University, District- Gaya.

5. The Principal, Sri Guru Govind Singh College, Patna City, Patna.

6. Sri Ambuj Kishore Jha, S/o not known to the petitioner, presently working at Associate Professor in the AI & AS Department of Sri Guru Govind Singh, College, Patna City, District- Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nikesh Kumar, Advocate For the Respondent/s : Mr. M.P. YADAV- GP23 =========================================================== 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.6399 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 04.08.2018 Transmission Date