Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18840 of 2017 =========================================================== Anil Kumar, Son of Late Dr. Shyam Sundar Yadav, Resident of Mohalla- Gangjala, Ward No.18, P.S. & District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat Building, Patna.

3. The Vice-Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

4. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

5. The Finance Officer, B.N. Mandal, Madhepura. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate For the Respondent/s : Smt. Shilpa Singh, GA-12 =========================================================== 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.

Petitioner in this writ petition was initially appointed as teachers in the erstwhile private college which was made constituent in fourth phase. After the decision of take over, the State Government took a decision with regard to provisional absorption of the teaching staff and letter no. 181 (C) dated 18.12.1989 was issued and the name of the petitioner of this writ petition figures in the said letter no. 181(C) and pursuant to the aforesaid decision of the State Government he was provisionally absorbed in the services of the University and he was paid salary. After judgment of the Apex Court in Mahasangh case, the case of the petitioner was considered by the

Patna High Court CWJC No.18840 of 2017 dt.18-07-2018 2/2 University and he was absorbed.

In view of the decision in C.W.J.C. No. 17670 of 2017 the petitioner deserves absorption in terms of the direction 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 and in view of the above, action of the University reviewing the order of absorption is hereby declared to be nullity. The respondents are directed to restore the petitioner in the status of absorbed teachers with all consequential benefits.

Final decision in this regard must be taken by the University within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2018 Transmission Date