Jarman Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9251 of 2018 =========================================================== Jarman Singh, S/o Late Triveni Singh, Resident of Village- Madhurapur, P.S.- Teghra, District- Begusarai, Presently working as a Lecturer in the Department of Philosophy, Maharaja Lakshmishwar Singh Memorial College, Darbhanga. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Higher Education, Govt. of Bihar, Patna.

3. The Lalit Narain Mithila University, Darbhanga, through its Registrar.

4. The Vice Chancellor, Lalit Narain Mithila University, Darbhanga.

5. The Registrar, Lalit Narain Mithila University, Darbhanga.

6. The Finance Officer, Lalit Narain Mithila University, Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Kumar, Advocate For the Respondent/s : Smt. Binita Singh, SC-28 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-07-2018 Heard learned counsel for the petitioner and the respondents.

Mr. Dinesh Kumar, learned counsel appearing on behalf of the petitioner submits that the petitioner's case was considered by the Justice S.C. Agrawal Commission and his name figures at serial no.9 (Annexure-IV-A) in the subject of Philosophy and pursuant thereto the University has issued notification of absorption. Learned counsel submits that after absorption in terms of the reference of Justice S.C. Agrawal Commission, the action of the respondent reviewing the notification of absorption is nullity.

Patna High Court CWJC No.9251 of 2018 dt.18-07-2018 2/2 In view of the decision passed in C.W.J.C. No. 17670 of 2017 the writ application is allowed and the notification of absorption is hereby declared as nullity.

The respondents are directed to restore the petitioner in the status of absorbed employee with all consequential benefits. Final decision in this regard must be taken by the respondent 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 is allowed and disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2018 Transmission Date