Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17991 of 2024 ====================================================== Ramesh Kumar, S/o Jaydev Prasad Singh R/o L.S College campus P.S-Kazi Mohammadpur District- Muzaffarpur has been working as Peon cum Night Guard, L.S College, Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Secretary, Higher Education, Education Department, Bihar, Patna. 3.

B.R.A Bihar University Muzaffarpur through its Registrar. 4.

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

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

The Principal, L. S. College, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Manoj- Advocate For the State :

Mr. Arvind Ujjwal- Standing Counsel (4) Mr. Upendra Pratap Singh- AC to SC-4 For the University :

Mr. Bindhyachal Rai- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-02-2025

1. Heard learned counsel for the petitioner and learned AC to SC-4 for the State and the learned counsel appearing on behalf of the University.

2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed for a direction upon the authority to regularize the services of the petitioner with all consequential benefits as persons similarly situated like the petitioner have already been regularized in view of order passed by this Court in CWJC No.9440 of 2016.

Patna High Court CWJC No.17991 of 2024(2) dt.06-02-2025 2/3

3. It is submitted that petitioner is working in L.S. College Muzaffarpur as Peon since 2005 on daily wages and he has been continuously from the date of his appointment i.e. 06.05.2005, getting his fixed salary regularly till date, which amply demonstrates that the petitioner has been working continuously since the date of his appointment.

4. The learned counsel appearing on behalf of the State and the University submits that though a submission has been made that petitioner has been getting his salary regularly from 2005 from the date of his appointment till date, but then, there is no such pleading in the writ application. It is fairly submitted by the learned counsel appearing on behalf of the University that if petitioner is working since 2005 and is getting his fixed salary regularly, then definitely petitioner has a case for consideration, if everything is in accordance with law.

5. The learned counsel appearing on behalf of the petitioner submits that petitioner had earlier represented before the Principal of the College for regularizing his services on 16.01.2018 as would manifest from Annexure- P/6/1.

6. The learned counsel appearing on behalf of the University submits that the writ application can be disposed of with a direction to the petitioner to file a representation before

Patna High Court CWJC No.17991 of 2024(2) dt.06-02-2025 3/3 the appropriate authority of the University for considering his case for regularization. It is also submitted that if petitioner since 2005 till date is working continuously and is getting his fixed salary as submitted by the learned counsel appearing on behalf of the petitioner, the petitioner with his representation shall also bring all the relevant documents on record to substantiate that his payment was being made regularly since 2005 till date.

7. Considering the submissions made by the parties, the writ application is disposed of with liberty to the petitioner to file an application before the appropriate authority of the University for seeking redressal of his grievance as raised in the instant writ application on or before 21.02.2025.

8. If any representation is filed by the petitioner before the appropriate authority of the University on or before 21.02.2025, in that event, the appropriate authority shall dispose of the representation in accordance with law by a speaking order within a period of four months thereafter.

(Satyavrat Verma, J) rishabh/- U