Shailendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18532 of 2016 ====================================================== Shailendra Kumar, Son of Sri Kapildeo Singh, Resident of Quarter No. A/21, MIT Campus, Muzaffarpur, P.S.- Brahampura, District- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Science and Technology Department, Government of Bihar, Technology Bhawan, Bailey Road, Patna.
2. The Additional Secretary, Science and Technology Department, Government of Bihar, Technology Bhawan, Bailey Road, Patna.
3. The Joint Secretary, Science and Technology Department, Government of Bihar, Technology Bhawan, Bailey Road, Patna.
4. The Director, Science and Technology Department, Government of Bihar, Patna.
5. The Principal, Muzaffarpur Institute of Technology, Muzaffarpur840023. .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Kameshwar Pd. Gupta- GP10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard the parties.
Following reliefs have been sought for in the present writ application on behalf of the petitioner: "For issuance of appropriate writ/writs, order/orders, direction/directions for quashing the letter contained in Memo No. 2211 dated 12-09-2014 issued under the signature of Respondent No. 5 whereby and whereunder decision taken vide Memo No. 1342 dated 15-07-1998 with respect to Foreman and Senior/Junior Instructors was declared teaching staff has been cancelled.
Petitioner further seeks Hon'ble Court's indulgence commanding the
Patna High Court CWJC No.18532 of 2016 (4) dt.09-08-2018 respondent authority to allow him to continue upto the age of retirement of teaching faculty member applicable in the Bihar Engineering Colleges in terms of the Rule framed by the respondent authority in consonance with the rule of All India Council of Technical Education, however by issuing letter contained in memo no. 2211 dated 12-09-2014 respondent authority is trying to snatch the right which has already accrued to the petitioner".
On behalf of the petitioner, it has been submitted that the case of the petitioner is squarely covered by the order dated 09-10-2017 passed in CWJC No. 1721 of 2014.
The Principal, Muzaffarpur Institute of Technology, Muzaffarpur-840023 (respondent No. 5) is directed to examine the case of the petitioner in the light of the order referred above and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of copy of this order.
With the aforesaid observation/direction, the present writ application stands disposed of.
(Sudhir Singh, J) A.K.V./- U