Bhuneshwar Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7483 of 2018 =========================================================== Bhuneshwar Tiwari, Son of Late Raghupati Tiwari, Resident of Village- Barki Nainijor, District-Buxar, (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

3. The Magadh University through its Vice-Chancellor, Bodh-Gaya, Gaya (Bihar).

4. The Registrar, Magadh University, Bodh-Gaya, Gaya (Bihar).

5. The Finance Officer, Magadh University Bodh -Gaya, Gaya.(Bihar). .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sumit Kumar Jha, Advocate For the Respondent/s : Smt. Shilpa Singh, GA12 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner, State and the University.

The petitioner was initially appointed in S.B.A.N. College, Darheta-Lari, Arwal at the time when the college was affiliated. In terms of the policy decision of the State Government to convert the Colleges in phase wise manner as constituent unit, the college in question was made constituent Unit of Magadh University, Bodh Gaya. After take over of the College as constituent unit, on 12.02.1990 the State Government issued letter no. 25(C) with regard to provisional absorption of non-teaching employee, the name of the petitioner figures in the list in letter no. 25 (C). In view of the judgment of the Apex Court in the case of State of Bihar & Ors. Vs.

Patna High Court CWJC No.7483 of 2018 dt.18-07-2018 2/2 Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors., reported in (2005) 9 SCC 129, the University took decision to absorb the petitioner, which was subsequently reviewed by the University. Considering the decision passed in C.W.J.C. No. 17670 of 2017, the writ application is allowed. The order reviewing the absorption of the petitioner is hereby declared as nullity. The respondents are directed to restore the petitioner the status of absorbed employee with all consequential benefits 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 Date28.07.2018 Transmission Date