SANT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shivendra Kishore, learned Senior Counsel assisted by Mr. Priyank Deepak, Advocate appearing for the petitioner, Mr. Kumaresh Singh, learned counsel for the State and Mr. Nikhil Kumar Agrawal, learned counsel appearing for the B.R. Ambedkar University.

(2.) The present writ application has been filed for the following relief(s):

(3.) Learned Senior Counsel for the petitioner submits that the petitioner had been appointed on the post of Assistant vide appointment letter dtd. 22/9/1988, issued under the signature of the Principal, D.C. College, Hajipur, District-Vaishali (hereinafter to be referred as college). Pursuant to the appointment letter, the petitioner tendered his joining vide letter dtd. 29/9/1988 at the college and since then, he is continuously working sincerely. Thereafter, the name of the petitioner along with other employees of the college was recommended several times by the Teacher Association of the University/Principal of the college for regularization vide letter dtd. 6/11/2006. The petitioner vide letter dtd. 31/1/2008 requested the Vice Chancellor of the University to regularize the service of the petitioner. The petitioner has been appointed prior to 10/5/1986, hence he is covered by the notification of the State Government dtd. 10/5/1991 in Clause 6 which stipulate that even in absence of vacancy under the staffing pattern, such appointees are to be considered against future vacancies. This Hon'ble Court, in a similar and identical case, has directed the Authority to con- sider the claim of the petitioners of that case, vide order dtd. 14/8/2012 passed in C.W.J.C. No.13780 of 2012 (Nagendra Singh and Ors. Vs The State of Bihar and Ors.) and another analogous case. In the aforesaid circumstances, the petitioner filed a writ application bearing C.W.J.C. No.2004 of 2013 (Sant Kumar Vs. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur and Ors.) before this Hon'ble Court, which has been disposed of by order passed in C.W.J.C. No.13780 and 13813 of 2012 vide order dtd. 14/12/2015 in the light of the order dtd. 14/8/2012. Despite the categorical direction to consider the regularization of the petitioner, the University did not take any action in this regard, which forced the petitioner to file a contempt application bearing M.J.C. No.1441 of 2017. During the pendency of the aforesaid contempt application, the Registrar of the University requested the Principal of the College to supply the information regarding the availability of the posts and persons working against them, so that steps may be taken to regularize the service of the petitioner (Annexure-P/13).