Kumar Gaurav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18183 of 2017 =========================================================== Kumar Gaurav, S/o Late Shree Bhagwan Singh, Resident of Village-Chanka, P.S.- Nokha, District-Rohtas.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Higher Education Govt. of Bihar, Patna.

3. The Magadh University, Bodh Gaya through its Registrar.

4. The Vice Chancellor, Magadh University, Bodh Gaya, at Bodh Gaya.

5. The Registrar, Magadh University, Bodh Gaya, at Bodh Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Kumar, Advocate For the Respondent/s : Mr. A. R. Pandey, AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 The name of the father 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 father of 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 University absorbed the services of the father of the petitioner in exercise of jurisdiction under Section 4 (1) (14) of the Bihar State Universities Act. Later on, that decision was reviewed by

Patna High Court CWJC No.18183 of 2017 dt.18-07-2018 2/2 the University at the dictate of State Government. Considering the fact that earlier decision of absorption of father of the 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 father of 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