Dr. Chandra Bhushan Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19031 of 2017 =========================================================== Dr. Chandra Bhushan Kumar, S/o Late Ramdeo Bhagat, Lecturer, Department of Commerce, Ram Lakhan Singh Yadav College, Bettiah, West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Patna.
2. The Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar.
3. The Vice Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur.
4. The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Amaresh Kumar Singh, Advocate For the Respondent/s : Mr. Madanjit Kumar, GP-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner and State as well as University.
In view of the decision of the State Government in relation to sanction of post and absorption of the employee in the colleges made constituent by the way of letter no. 38(c) dated 01.02.1988 and after 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 petitioner was absorbed in the services of University.
In view of the decision in C.W.J.C. 17670 of 2017, the writ petition is allowed. The respondents are directed to restore the petitioner the status of absorbed employee and reviewing the order of
Patna High Court CWJC No.19031 of 2017 dt.18-07-2018 2/2 absorption is hereby declared as nullity. The respondents are directed to grant all consequential benefits to the petitioner 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 4.08.2018 Transmission Date