ATAL BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of present writ petition, the petitioner has prayed for quashing the order dtd. 3/9/2015, contained in Memo No. Legal-108/12-826/Estab/15, issued under the signature of the Vice Chancellor of the Veer Kunwar Singh University, Ara (herein after referred to as 'the University'), by which the representation of the petitioner, filed in light of the order, dtd. 1/7/2014, passed by this Court in CWJC No. 20184 of 2014, has been rejected. The petitioner has further prayed for quashing of the notification, contained in Memo No. 1050/ESTAB/2013, dtd. 30/7/2013, whereby the absorption of the petitioner on the post of Peon, in Maharaja College, Ara (in short, 'the College') has been cancelled and the earlier notification No. 616/ESTAB/13, dtd. 1/6/2013, has been recalled. The petitioner has also prayed for revival of earlier notification No. 616/ESTAB/2013 with all consequential financial benefits.

(2.) The factual matrix of the case is that the petitioner claims to be appointed on 27/1/1986 on the post of Peon, a Class- IV post, in the College, under the staffing pattern and he joined his duties on 1/2/1986. The name of the petitioner figured at serial number 7 in the published staff list, dtd. 2/3/1986, containing a list of 4th grade employees of the College issued by the Principal of the College.

(3.) Similarly situated employee, Habibur Rahman, along with other employees, whose names appeared along with the petitioner in the list of 4th grade employees working in the college (at Annexure 3) had earlier approached this Court in C.W.J.C. No. 9535 of 2004, raising an identical grievance regarding regularization of their services. The said writ petition was disposed vide order, dtd. 28/9/2010, with a direction to the writ petitioners to file representation before the Vice Chancellor of the University.