Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16298 of 2024 ====================================================== 1.

Amresh Kumar son of Dasai Sah, Resident of village- Nunfar, Bhagwanpur, P.S. Muzaffarpur Sadar, District Muzaffarpur, presently working as ClassIV Employee, Driver, B.R.A. Bihar University, Muzaffarpur. 2.

Jawahar Sah son of Sukhari Sah Resident of village- Parmanandpur, P.O. Ladaura, District Muzaffarpur, presently working as Class- IV Employee Gardener, Vice Chancellor Residence, B.R.A. Bihar University, Muzaffarpur.

... ... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director Higher Education, Education Department, Government of Bihar, Patna.

4.

The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur 5.

The Registrar, B.R.A. Bihar University, Muzaffarpur 6.

The Finance Officer, B.R.A. Bihar University, Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Government Advocate (5) For the BRAU Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and the State.

2. Writ petition has been filed for following reliefs:- (i) For directing the Respondent Authorities to grant the benefit of seniority and pay protection to the petitioners to their respective posts at par with the persons junior to the petitioners for which they are entitled on the ground that the name of the petitioner no.1 was placed at serial no.28 and the petitioner no.2 was placed at serial no.97 in the seniority list contained in memo no. B/29 dated 22.02.1995 but the services

Patna High Court CWJC No.16298 of 2024(2) dt.29-10-2024 2/3 of petitioner no.1 was regularized with effect from 22.02.1995 whereas services of the petitioner no.2 was regularized with effect from 01.07.2005 vide memo no. B/460 dated 27.02.2006 whereas one Arun Kumar Singh, whose name was placed at serial no. 105 in the said Gradation List who services was regularized with effect from 01.04. 1985 ignoring the seniority of the petitioners.

(ii) For directing the Respondent Authorities to shift the date of regularization of the petitioners at least with effect from the date of regularization of services of the persons junior to the petitioners.

(iii) For directing the Respondent Authorities to pay the consequential monetary benefits such as differences of salary, benefits of promotion, A.C.P. to the petitioners with interest till it is actually paid to them on the ground that for any delay caused in the payment of retirement benefits attributable to the Respondents.

3. Learned counsel for the petitioners submits that the petitioners have already filed representations dated 20.7.2024 and 27.7.2024 before the Registrar of the University (respondent no.5) but the same are still pending for disposal.

4. In view of the submission of learned counsel for

Patna High Court CWJC No.16298 of 2024(2) dt.29-10-2024 3/3 the petitioners, let respondent no.5 examine the claim of the petitioners and dispose of their representations by a reasoned and speaking order in accordance with law after hearing the parties, preferably within a period of six months from the date of receipt of this order.

5. Writ petition stands disposed of with the aforesaid directions.

Shashi (Prabhat Kumar Singh, J) U