Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18851 of 2017 ====================================================== Rajesh Kumar, Son of Sri Yamuna Prasad Gupta, Resident of MohallaBaryahi Bazar, P.S.- Bangaon, District- Saharsa.... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resource Department, Government of Bihar, New Secretariat Building, Bihar.

3. The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

4. The Registrar, B.N. Mandal University, Madhepura.

5. The Finance Officer, B.N. Mandal University, Madhepura.... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate For the Respondent/s :

Mr. Prabhakar Jha -GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner is claiming appointment on the post of Lab Incharge in Botany Department.

3. Learned counsel for the petitioner submits that the petitioner was appointed in the college in question on 20.2.1987. He submits that the case of the petitioner was considered by the University after judgment in State of Bihar Vs. Bihar Rajya MSESKK Mahasangh: (2005) 9 SCC 129 but he was never paid salary till date. He submits that in the case of the petitioner affidavit was filed before Justice Agrawal Commission by the University incorporating the fact that the petitioner was working in the college in question against the admissible post.

4. Learned counsel for the University submits that the petitioner was never recognized as an employee and he was never

Patna High Court CWJC No.18851 of 2017 dt.18-07-2018 2/2 paid salary after take over of the college in question. His name does not figure in Justice Agrawal Commission nor in the list of letter No. 25C. He further submits that in view of the fact that the petitioner was never paid salary, he does not deserve consideration of his case for absorption.

5. Considering the fact that the name of the petitioner does not figure in letter No. 25C or in the list of Justice Agrawal Commission, the Court is not in a position to grant any positive relief. However, he claims that he was appointed prior to take over of the college in question and he has requisite qualification, the University may consider his case for absorption in view of the discussions made in the order dated 17.07.2018 in CWJC No. 19670 of 2018.

6. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.07.2018 Transmission Date