Ujjwal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18615 of 2023 ====================================================== 1.
Ujjwal Kumar Son of Sri Baban Thakur Resident of village and P.O. -Damodarpur, P.S. Kanti, District - Muzaffarpur, Presently Working as IIIrd Grade Employee on Daily Wages Basis /contractual Basis in M.P. Singh ,Science College, Muzaffarpur, District - Muzaffarpur 2.
Mukesh Kumar Son of Late Mahendra Thakur Resident of Village- Dariya Chhapra, P.O. Vishunpur Patti, P.S. Sahebganj District - Muzaffarpur Presently Working as IVth Grade Employee on Daily Wages Basis /contractual Basis in M.P. Singh Science College, Muzaffarpur, District - Muzaffarpur 3.
Ajay Kumar Son of Harendra Mahto Resident of Village- Vaishakhi Ram Lane, Motijhil, P.S. Muzaffarpur Town, District - Muzaffarpur, presently working as IVth Grade Employee on Daily Wages Basis /contractual Basis in R.N. College, Hajipur, District - Vaishali at Hajipur. 4.
Deepak Kumar Son of Sri Uma Shankar Ray Resident of Village- Gandhi Setu, Paya No.10, Terahrasia, P.S. Gandhi Setu Bridge, District - Vaishali at Hajipur, presently Working as IIIrd Grade Employee on daily wages Basis /contractual Basis in ,District - Vaishali at Hajipur. 5.
Awinash Kumar Son of Kaushal Kishor Singh Resident of village- Patilhi, P.O. Senduari, P.S. Hajipur Sadar, District - Vaishali at Hajipur, presently working as IIIrd Grade Employee on Daily wages Basis /contractual Basis in R.N. College, Hajipur, District - Vaishali at Hajipur. 6.
Sanjeev Kumar Roy Son of Sri Ram Udgar Ray Resident of villageSamsipur, Ward No.2,, P.O. Samsipur, District - Begusarai, Presently Working as IVth Grade Employee on daily wages Basis /contractual Basis in R.N. College, Hajipur, District - Vaishali at Hajipur. 7.
Ranjit Kumar Son of Sri Sunil Kumar Resident of Village- Raypur, P.O. Dubaha Buzurg, P.S. Sakra, District - Muzaffarpur, presently working as IIIrd Grade Employee on daily wages Basis /contractual Basis in College, Bhagwanpur, District - Vaishali at Hajipur.
8.
Raja Babu Son of Late Rajendra Sah Resident of Village, P.O. and P.S. Bhagwanpur, District Vaishali at Hajipur, presently Working as IVth Grade Employee on daily Wages Basis /contractual Basis in L.N. College, Bhagwanpur, District - Vaishali at Hajipur.
9.
Dharmendra Kumar @ Dharmendra Kumar Singh Son of Sri Ram Janam Singh Resident of village- Rajapakar, Jahingra, P.O. and P.S. Rajapakar, District - Vaishali at Hajipur, Presently working as IIIrd Grade Employee on Baily wages Basis /contractual Basis in J.L. College, Hajipur, District - Vaishali at Hajipur.
10.
Shambhu Pandit Son of Sri Chandeshwar Pandit Resident of village -Pindauta Buzurg, P.O. Chakaiya, P.S. Tisiauta, District Vaishali , presently working as IVth Grade Employee on daily wages Basis /contractual Basis in J.L. College, Hajipur, District - Vaishali at Hajipur. 11.
Chanchala Kumari Paswan @ Chanchala Devi Daughter of Sri Chaturbhuj Paswan and wife of Gauri Shankar Paswan, Resident of village and P.O.
2/5 Susta, P.S. Muzaffarpur Sadar, District - Muzaffarpur , Presently working as IVth Grade Employee on Daily wages Basis /contractual basis in Department of Library Science, B.R.A. B.U. Muzaffarpur, District - Muzaffarpur.
12.
Subhash Kumar Thakur Son of Sri Ramprit Thakur Resident of village and P.O. Khutahi, P.S. Paroo, District - Muzaffarpur, Presently Working as IIIrd Grade Employee on Daily wages Basis /contractual basis in T.P. Verma College, Narkatiaganj, District - West Champaran 13.
Jitendra Kumar Son of Rajmangal Thakur Resident of Village- Bakhri Nazir Tola, Manar Barji, P.O. Mehsi P.S. Mehsi, District East Champaran at Motihari, presently working as IVth Grade Employee on Daily Wages Basis /contractual Basis in T.P. Verma College, Narkatiaganj, District - West Champaran at Bettiah.
14.
Noopur Wife of Sri Rajiv Ranjan Resident of New Dharmshala Road, Ward No.6, P.O. Narkatiaganj, P.S. Shikarpur, District - West Champaran at Bettiah, Presently working as IIIrd Grade Employee on daily Wages Basis /contractual Basis in T.P. Verma College, Narkatiaganj. 15.
Rani Verma Wife of Sri Akash Kumar Resident of Ward No.2, Purani Bazar,P.O. Narkatiaganj, P.S. Shikarpur, District West Champaran at Bettiah, presently working as IVth Grade Employee on Daily Wages Basis /contractual Basis in T.P. Verma College, Narkatiaganj, District - West Champaran at Bettiah.
16.
Rajanish Kumar Singh Son of Sri Shailendra Narayan Singh Resident of Mohalla- Pankha Toli, Near Thakur Nursing Home, P.O. Ramna, P.S. Kazi Mohammadpur, District - Muzaffarpur, Presently Working as IIIrd Grade Employee on Daily Wages Basis /contractual Basis in S.N.S. College, Motihari , District East Champaran at Motihari. 17.
Rabindra Kumar Singh Son of Sri Prem Lal Singh Resident of village - Bajpatti, Ward No.5, P.O. and P.S. Bajpatti, District - Sitamarhi, Presently Working as IVth Grade Employee on Daily wages Basis /contractual basis in S.N.S. College, Motihari, District East Champaran at Motihari. 18.
Mritunjay Kumar Son of Sri Arbind Kumar Verma Resident of zVillageMaldahiya, P.O. Narkatiaganj,P.S. Shikarpur, District - West Champaran at Bettiah, Presently working as IIIrd Grade Employee on daily wages Basis /contractual Basis in R.L.S.Y. College, Bettiah, District-West Champaran at Bettiah.
19.
Mira Devi Wife of Sri Rajendra Prasad Resident of village and P.O. Damodarpur, P.S. Kanti, District - Muzaffarpur, presently working as IVth Grade Employee on Daily wages Basis /contractual Basis in M.P.Singh Science College, Muzaffarpur, District - Muzaffarpur. 20.
Kundan Kumar Kamat Son of Sri Devdat Kamat Resident of VillageMokma, P.S. Basnahi, District - Saharsa, Presently Working as IVth Grade Employee on Daily wages basis /contractual basis in R.D.S. College, Muzaffarpur, District - Muzaffarpur 21.
Chandan Kumar Kamat Son of Sri Devdat Kamat Resident of P.G. Hostel No.4, Khabra Road Gannipur, P.S. University, District - Muzaffarpur, presently Working as IVth Grade Employee on Daily wages Basis /contractual Basis in R.B.B.M. College, Muzaffarpur, District-Muzaffarpur.
3/5 22.
Ganesh Kumar Son of Bhola Sah Resident of Village- Bara Sumera, P.O. Simra Urf Afzalpur, District Muzaffarpur, presently working as IIIrd Grade Employee on Daily Wages Basis /contractual Basis in Nitshwar College, Muzaffarpur, District - 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, M.P. Singh Science College, Muzaffarpur ,District Muzaffarpur.
9.
The Principal, R.N. College, Hajipur, District - Vaishali at Hajipur. 10.
The Principal, L.N. College, Bhagwanpur, District - Vaishali at Hajipur. 11.
The Principal, J.L. College, Hajipur, District - Vaishali at Hajipur. 12.
The Principal, T.P. Verma College, Narkatiaganj, District -West Champaran at Bettiah 13.
The Principal, S.N. S. College, Motihari, District Motihari. East Champaran at Motihari.
14.
The Principal, R.L.S. Y. College, Bettiah, District - West Champaran at Bettiah.
15.
The Principal, R.D.S. College, Muzaffarpur, District - Muzaffarpur. 16.
The Principal, R.B.B.M. College, Muzaffarpur, District - Muzaffarpur. 17.
The Principal, Nitishwar College, Muzaffarpur, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh, Adv.
For the Respondent/s :
Mr. Yogendra Pd. Singh, AAG-07 For the University :
Mr. Zaki Haider, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4/5 07-01-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the University.
2. The present writ petition has been filed seeking the 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 / 4th Grade Employees in the different college of the Respondent B.R. A. Bihar University as daily wagers continuously since long 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 appropriate writ / writs, order / orders direction / directions for which the writ petitioners would be entitled under the facts and circumstances of the case."
3. At the very outset, learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent authorities for redressal of his grievance, Liberty, so sought, is granted.
4. The petitioners are directed to file a detailed
5/5 representation before the respondent no. 6 along with all supporting documents within a period of four weeks and the respondent no. 6 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within ten weeks thereafter.
5. With the aforesaid direction, the writ application stands disposed of.
6. It is made clear that this Court has not gone to the merit of the case.
(Anjani Kumar Sharan, J) anand/- U