Guru Sharan Singh v. The B. R. A. Bihar University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16557 of 2015 ====================================================== Guru Sharan Singh Son of Late Ram Prasad Singh Resident of Subhash Chowk, P.O. + P.S. - Hajipur, District - Vaishali at Hajipur. ... ... Petitioner/s
Versus
1. The B. R. A. Bihar University, Muzaffarpur, through its Vice Chancellor.
2. The Registrar, B.R.A. Bihar University, P.O. + P.S. + District - Muzaffarpur.
3. The Principal, R.N. College, Hajipur, P.O. + P.S. + District - Vaishali at Hajipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh For the Respondent/s :
Mr. Santosh Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-12-2018 The instant writ application involves the issue of seniority and benefit of service for the purpose of post-retiral benefits from the date of initial appointment. Petitioner was appointed initially on 22.7.1979. His service was regularized with effect from 5.4.1986. In several cases this Court has noted that while recognizing the service of the non-teaching employee the respondents have recognized the service for the purpose of granting seniority and post-retiral benefits from initial date of appointment. However, monetary benefit was confined from the date when service of the incumbent was regularized. Considering the aforesaid, the writ petition is disposed of with direction to the University to consider the case of the
Patna High Court CWJC No.16557 of 2015(3) dt.04-12-2018 2/2 petitioner for grant of seniority and other benefits except monetary benefit from the date of initial appointment. Necessary decision in this regard may be taken by the respondent at the earliest keeping in view that similar issue was decided by the B. R. A. Bihar University in the matter of nonteaching employee regularized in terms of decision of this Court with regard to deemed sanctioned posts under staffing pattern. Necessary decision in this regard may be taken by the respondent University within a maximum 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) Ravi/- U