IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14836 of 2008
CHAKRADHAR PRASAD SINGH & ANR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No. 15972 of 2008
BHARAT SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
-----------
10 28.03.2011 The petitioners are aggrieved by the order of the
University by which their representations for regularization have been
turned down.
Petitioners’ case is that in 1978 an advertisement was
issued for appointment of non-teaching staff in Ram Nirikshan Atma
Ram College, Samstipur under the Lalit Narayan Mithila University,
Kameshwar Nagar, Darbhanag. At that time the College had the
affiliation of the University. Petitioners applied and, accordingly, they
were appointed in the year 1978 and have been working in the College
since then. In 1980 the College was made constituent and the matter
of regularization of petitioners’ services was pending. Ultimately,
they moved this Court which remanded the matter to the University
for appropriate orders. Orders upon the representation being
unfavourable the present writ petitions have been filed.
Mr. Yugal Kishore, learned Senior Counsel appearing
on behalf of the petitioners submits that firstly the petitioners’
appointment case is within the deemed sanction strength as held by the
Full Bench of this Court in the case of Braj Kishore Singh & Ors. Vs.
The State of Bihar & Ors. since reported in 1997(1)PLJR 509. He
-2-
further submits that as also noticed in Braj Kishore Singh’s case itself
petitioners’ appointment being prior to 10.05.1986, even if it was on
the unsanctioned posts, the appointments were liable to be regularized.
Thus, it is submitted that the appointments were duly made on
sanctioned posts and that too prior to 1986 and that being so the order
refusing regularization on the ground of unsanctioned posts cannot be
sustained.
Learned counsel for the University submits that though
a counter affidavit has been filed by the University it does not traverse
all the matters in controversy. He seeks further time to file a
supplementary counter affidavit.
Put up this case on 11th April, 2011 under the same
heading retaining its position to enable learned counsel for the
University to file a supplementary counter affidavit.
Trivedi/ (Navaniti Prasad Singh, J.)
