Durga Nand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9545 of 2018 =========================================================== Durga Nand Singh, Son of Late Gaya Prasad Singh, Resident of Village- Sohraiya, P.O.- Pokharaha, District- Aurangabad, Bihar working as Clerk (Non-teaching) In Kshiori Sinha Mahila College, Magadh University, Aurangabad, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

2. The Principal Secretary, Department of Higher Education, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

3. The Secretary, Department of Education, Government of Bihar, Patna.

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

5. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.

6. The Registrar, Magadh University, Bodh Gaya, Gaya.

7. Finance Officer, Magadh University, Bodh Gaya, Gaya.

8. The Principal, Kishori Sinha Mahila College, District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ugranath Mallik, Advocate For the Respondent/s : Mr. MADANJEET KUMAR- GP20 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner, State and the University.

The petitioner was initially appointed in K.S.M. College, Aurangabad at the time when the college was affiliated. In terms of the policy decision of the State Government to convert the Colleges in phase wise manner as constituent unit, the college in question was made constituent Unit of Magadh University. After take over of the College as constituent unit, on 12.02.1990 the State Government issued letter no. 25(C) with regard to provisional

Patna High Court CWJC No.9545 of 2018 dt.18-07-2018 2/2 absorption of non-teaching employee, the name of the petitioner figures in the list in letter no. 25 (C). In view of the judgment 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 took decision to absorb the petitioner, which was subsequently reviewed by the University.

Considering the decision passed in C.W.J.C. No. 17670 of 2017, the writ application is allowed. The order reviewing the absorption of the petitioner is hereby declared as nullity. The respondents are directed to restore the petitioner the status of absorbed employee with all consequential benefits within a period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2018 Transmission Date