Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14070 of 2009 ====================================================== Babu Lal Thakur, son of Late Hari Kant Thakur, resident of Village- Sasaula Kala, P.S- Majorganj, District- Sitamarhi .... .... Petitioner/s Versus 1. The Kameshwar Singh Darbhanga Sanskrit University, through the Vice- Chancellor of the said University, Kameshwar Nagar, Darbhanga. 2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3. Gurukul Sanskrit Maha Vidyalaya Bairgania, District- Sitamarhi, through the Secretary of the Governing Body of the said College. 4. The Principal , Gurukul Sanskrit Maha Vidyalaya Bairgania , District – Sitamarhi. 5. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Vikas Bhawan , Bailey Road , Patna. 6. Governing Body, Gurukul Sanskrit Mahavidyalaya, District – Sitamarhi through its secretary. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.14095 of 2009 ====================================================== Feku Baitha S/O Late Budhan Baitha, resident of Village- Sasaula Kala, P.S. Majorganj, District-. Sitamarhi .... .... Petitioner/s Versus 1. The Kameshwar Singh Darbhanga Sanskrit University, through the Vice- Chancellor of the said University, Kameshwar Nagar, Darbhanga. 2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3. Gurukul Sanskrit Maha Vidyalaya Bairgania, Distt. Sitamarhi through the Secretary of the Governing Body of the said College. 4. The Principal, Gurukul Sanskrit Maha Vidyalaya, Bairgania, Distt. Sitamarhi. 5. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna. 6. Governing Body, Gurukul Sanskrit Mahavidyalaya, District – Sitamarhi, through its Secretary. 2
Legal Reasoning
Patna High Court CWJC No.14070 of 2009 (6) dt.27-02-2013 2 / 5 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15343 of 2009 ====================================================== Rabindra Mishra S/O Late Jagdish Mishra, resident of village - Maniyari, P.S. Majorganj, District- Sitamarhi .... .... Petitioner/s Versus 1. The Kameshwar Singh Darbhanga Sanskrit University, through the Vice- Chancellor of the said University, Kameshwar Nagar, Darbhanga 2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3. Gurukul Sanskrit Maha Vidyalaya Bairgania, District-Sitamarhi, through the Secretary of the Governing Body of the Said College 4. The Principal, Gurukul Sanskrit Maha Vidyalaya Bairgania, Distt- Sitamarhi 5. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Vikas Bhawan , Bailey Road , Patna. 6. Governing Body, Gurukul Sanskrit Mahavidyalaya, District – Sitamarhi, through its Secretary. .... .... Respondent/s ======================================================
Legal Reasoning
Appearance : (In CWJC No.14070 of 2009) For the Petitioner/s : Mr. Kishore Kumar Thakur For the University : Mr. Harendra Prasad Singh For the State : Mr. Indrfajeet Singh, AC to SC -6 (In CWJC No.14095 of 2009) For the Petitioner/s : Mr. Kishore Kumar Thakur For the State : Mr. Sanat Kumar MishraA C to AAG -8 (In CWJC No.15343 of 2009) For the Petitioner/s : Mr. Kishore Kumar Thakur For the State : Mr. Himanshu Kumar Akela, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 6 27-02-2013 There are three petitioners who are said to be Class IV 3 Patna High Court CWJC No.14070 of 2009 (6) dt.27-02-2013 3 / 5 employees engaged by the erstwhile Managing Committee of what is known as Gurukul Sansksrit Mahavidyalaya, Bairgania, in the district of Sitamarhi. This college is supposed to have been affiliated to Kameshwar Singh Darbhanga Sanskrit University. All of them are here before this Court for the reason that they have been working on the post for almost three decades now but their service has not been recognized or regularized by the University or the State authorities. It has serious financial implications for them. 2. Many a things have been said with regard to their right for such regularization and payment of salary. But the Court would not like to go into those aspects of the matter taking into consideration that no final adjudication is going to be made at the level of the High Court in this round of litigation at-least. 3. Learned counsel representing these petitioners has drawn the attention of this Court to a decision dated 01.05.2012 rendered in the case of Baliram Jha, which was CWJC No. 1343 of 2009. This decision related to claim of a lecturer to be conferred similar kind of benefit. This Court has the privilege of going through this decision, a copy of which has been furnished, and various facets of law and rule have been dealt with in the same. I suppose those aspects of the matter would be required to be taken into consideration if these petitioners approach the University 4 Patna High Court CWJC No.14070 of 2009 (6) dt.27-02-2013 4 / 5 authorities through the college authorities for recognition of their service as well as conferment of benefit of regularization taking into consideration the long period of association which they claim to have with the institution. 4. This Court had called for a report from the District Magistrate, Sitamarhi as to the status of this college, infrastructure as well as the number of students who are supposed to be pursuing their studies. Some kind of picture can be conjured up as to the status of this institution now with the kind of facilities and the enrolment of students who are there in the said college. These are matters to be looked into by the University authorities when they examine the claim of the petitioners for the benefit which they are looking for. 5. These writ applications stand disposed of with liberty to these petitioners to approach the Vice-Chancellor of the University, who will direct appropriate action to be taken in this regard by following the procedure, some of which have been discussed in the order of Baliram Jha and make appropriate recommendation to the State Government if the petitioners fulfil the requirements of regularization of service in the said college. 6. It goes without saying that the State authorities on such recommendation will also decide what is required to be decided if 5 Patna High Court CWJC No.14070 of 2009 (6) dt.27-02-2013 5 / 5 they have a role to play at all since it is an affiliated college. 7. The Court expects the exercise to be completed within a period of six months from the date of filing of such application, with a copy of this order. (Ajay Kumar Tripathi, J) R.K.Pathak/-