IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13568 of 2009
1. RAVINDRA KUMAR S/O LATE MUNI LAL YADAV VILL.- TULSIYA,
P.S. BIHARIGANJ, DISTT.- MADHEPURA------PETITIONER
Versus
1. THE STATE OF BIHAR
2. SECRETARY HIGHER EDUCATION DEPT. GOVT. OF BIHAR, PATNA
3. B.N. MANDAL UNIVERSITY THROUGH ITS REGISTRAR, LALU
NAGAR, MADHEPURA
4. VICE-CHANCELLOR B.N. MANDAL UNIVERSITY, LALU NAGAR,
MADHEPURA
5. REGISTRAR B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA
6. PRINCIPAL PARVATI SCIENCE COLLEGE, KRITI NAGAR,
MADHEPURA, DISTT.- MADHEPURA----------RESPONDENTS
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For the Petitioner: Mr. Gyanand Roy, Advocate &
Mr. Sheonandan Mishra, Advocate
For the University: Mr. H.P. Singh, Advocate
For the State: Mr. Anirudh Mishra, AC to GP-13.
———–
7 29.3.2011 Heard learned counsel for the parties.
There are certain developments which emerge
from the annexures annexed with the supplementary affidavit
which came to be filed on behalf of the petitioner.
The original prayer for direction of absorption of
service of the petitioner on the second recommended vacant post is
no longer an issue in view of the decision taken by the Vice
Chancellor of B.N. Mandal University which is dated 13.11.2009
and brought on record as annexure-25. Necessary notification
thereafter has been issued on 24.4.2010 which again also is on
record as annexure-26.
The two notifications issued on absorption of the
petitioner on the post of a lecturer are no longer in dispute and this
position stands confirmed by the decisions taken by the respondent
university. These decisions are relatively of recent origin, the
question now which has been urged at the bar on behalf of the
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petitioner is that the benefit in terms of salary and dues accrue in
his favour.
Learned counsel for the University filed a counter
affidavit in which a communication addressed to the State
Government dated 20.10.2008 has been annexed. The stand of the
university counsel is that the University is awaiting clarification or
direction from the State Government on this count.
A counter affidavit on behalf of the State has been
filed today where a clear and unambiguous statement has been
made that in terms of the decision of Hon’ble Supreme Court and
adoption of Agrawal Commission report the responsibility for
regularisation falls within the realm of the concerned university
based on the recommendation made by Justice Agrawal
Commission. It is also their stand that the State Government has
released funds, details of which has been brought on record as
annexure-A for payment to all such teachers whose salary or
emolument are due including the teachers of fourth phase who
have been legally and validly absorbed and appointed.
Keeping the stand of the State into mind there are
no gray areas left. The status of the petitioner stands certified by
the decision taken and notified in terms of annexures 25 and 26.
Funds have been released in favour of the concerned university for
payment. Now it is for the university to work out the modality for
payment. The petitioner has right for such a payment and the
university has an obligation to pay from the funds released by the
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State Government.
This writ application stands disposed of with a
clear direction upon the Vice Chancellor of B.N. Mandal
University that the claim of the petitioner will now be taken up,
liability worked out and steps for payment taken preferably within
a period of three months from the date of production or
communication a copy of this order.
This writ application stands disposed of with the
above direction.
RPS (Ajay Kumar Tripathi,J.)