Raj Kumar Sahani And ORS v. Dr. Rajendra Prasad Central Agricultural University, Pusa And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4668 of 2017 ====================================================== 1.

Raj Kumar Sahani and Ors S/o late Ram Shresth Sahani, Resident of Village P.O.- Rupauli, P.S.- Saraiya, Distt.- Muzaffarpur. 2.

Anil Kumar, S/o Sri Yogendra Singh, Resident of Village- Ghuwa, P.O.- Bankatwa, P.S.- Ghorasahan, Distt.- East Champaran at Motihari. 3.

Sushil Kumar Sharma, S/o Sri Mahendra Prasad Sharma, Resident of Village- Akbar Malahi, P.O. Sarai, Distt.- Vaishali. ... ... Petitioner/s

Versus

1.

Dr. Rajendra Prasad Central Agricultural University, Pusa and Ors 2.

The Vice- Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt.- Samastipur 3.

The Registrar, Dr. Rajendra Prasad Central Agricultural University, PusaDistt.- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Kumar, Adv.

Mr. Nawal Kishore Singh, Adv.

For the University :

Mr. D.K. Sinha, Sr. Advocate Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-03-2023 Heard the parties.

2. In the present writ application, the case of the petitioners is that the petitioners were appointed on vacant sanctioned posts of Chaukidar and tractor drivers. Petitioner No.1 was appointed as Chaukidar in the year 2002 while petitioners no. 2 and 3 were appointed as tractor drivers in the year 2005 respectively. The petitioners have been working regularly and their appointment is being extended by the University from time to time.

Patna High Court CWJC No.4668 of 2017(8) dt.13-03-2023 2/2

3. Learned counsel for the petitioners submits that the claim of the petitioners for regularization is not being considered by the University despite the fact that the petitioners have worked on a vacant sanctioned post for the last 17 to 20 years.

4. Mr. D.K. Sinha, learned senior counsel appearing for the University submits that the claim of the petitioners for regularization shall be considered in the light of judgment passed in State of Karnataka v. Umadevi [2006(4) SCC 1].

5. After having heard learned counsel for the parties, this writ application is disposed of with a direction to the Respondent-University to consider the case of the petitioners for regularization in accordance with law and in the light of judgment passed in State of Karnataka v. Umadevi [2006(4) SCC 1] within a period of three months.

(Anil Kumar Sinha, J) perwez U