Upendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7291 of 2018 =========================================================== Upendra Prasad, S/o late Sadhu Ram Yadav, Resident of Village- Jail Road Lazmi Nagar Gaya, P.O. +P.S.- Gaya, District-Gaya.

.... .... 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, DistrictGaya.

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

5. The Principal, Guru Govind Singh College, Patna City, District- Patna.

6. Sri Ambuj Kishore Jha S/o not known to the petitioner, presently working as 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 : Smt. Binita Singh, SC-28 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner, State and the University.

The petitioner was initially appointed in G.G.S. College, Patna City at the time when the college was affiliated. In terms of the policy decision of the State Government to convert the Colleges in phase wise manner as constituent unit, the college in question was made constituent Unit of Magadh University, Bodh Gaya. After take over of the College as constituent unit, on 12.02.1990 the State Government issued letter no. 25(C) with regard

Patna High Court CWJC No.7291 of 2018 dt.18-07-2018 2/2 to provisional absorption of non-teaching employee, the name of the petitioner figures in the list in letter no. 25 (C). In view of the judgment 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 took decision to absorb the petitioner, which was subsequently reviewed by the University. Considering the decision passed in C.W.J.C. No. 17670 of 2017, the writ application is allowed. The order reviewing the absorption of the petitioner is hereby declared as nullity. The respondents are directed to restore the petitioner the status of absorbed employee with all consequential benefits within a period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date28.07.2018 Transmission Date