Rohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16157 of 2023 ====================================================== 1.
Rohan Kumar Son of Ashok Singh, resident of village- Chainpatti, P.O. and P.S. Gopalganj, District - Gopalganj, presently working as Assistant/Computer Operator, L.S. College, Muzaffarpur. 2.
Ravindra Kumar, Son of Kameshwar Singh, resident of village and P.O. Rahimapur, P.S. - Bidupur District - Vaishali at Hajipur, presently working as Assistant/Computer Operator, L.S. College, Muzaffarpur. 3.
Mantra Nath, Son of Kshitindra Nath Mishra, resident of Mohalla - Saketpuri, Lane No. 1, Bibiganj, Bhagwanpur, P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as Assistant /Computer Operator, L.S. College, Muzaffarpur.
4.
Amit Kumar, son of Sunil Kumar, resident of village- Salha, P.O. Jalalpur, P.S. Mushahari, District- Muzaffarpur, presently working as Assistant, L.S. College, Muzaffarpur.
... ... Petitioner/s
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.
Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through the Registrar.
5.
The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
6.
The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
7.
The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
8.
The Principal, L.S. College, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh For the Respondent/s :
Mr.Madhaw Prasad Yadaw ( Gp 23 ) Mr. Sanjeev Kumar Mr. Rakesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-04-2024 Heard learned counsels for the parties.
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2. The petitioners have prayed for following reliefs:- I) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to regularize the services of the petitioners on the ground that the petitioners are working as a 3rd Grade employees in L.S. College, Muzaffarpur as daily wagers continuously since long period against the sanctioned and vacant posts and the services of similarly situated persons have already been regularized by the respondent University ignoring the better claim of the petitioners. II) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent University to grant consequential benefit of service counting the services of the petitioners from the date of their initial appointment.
III) For issuance of any other other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners would be entitled under the facts and circumstances of the case.
3. Learned counsel for the petitioners submits that the case of these petitioners would be squarely covered by the order of this Court as contained in Annexure 21 passed in CWJC No. 3631 of 2023.
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4. Learned counsel for the petitioners submits that the State of Bihar has a litigation policy known as Bihar State Litigation Policy, 2011 and as per Rule 4(c)(1) of the said policy, if the claim of the petitioners are covered by any decision of this Court then such claims are required to be considered at the level of the Department itself without compelling the claimants to litigate the matter in the Court.
5. It is further submitted that following the aforesaid view, this Court has disposed of CWJC No. 3631 of 2023 with a direction to the Vice-Chancellor of the University to consider the representation of the petitioners keeping in view the judgments of this Court and take an appropriate decision within a period of three months from the date of receipt/production of a copy of this order.
6. It is further submitted that the petitioners are looking for a similar consideration of their representations as well which are contained in Annexure 13 to the writ application.
7. Having regard to the aforementioned submissions, I deem if fit to dispose of the present writ application with a direction to the Vice-Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (respondent no.5) to consider the representations of the petitioners as contained in
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8. Accordingly, this writ application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2024 Transmission Date NA