UDAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Learned Counsel for the parties, The appellant-writ petitioner is aggrieved against the order dated 17.11.2011 passed by the learned Single Judge by which W.P.(S) No. 6093 of 2011 has been dismissed.

(2.) The appellant-writ petitioner was holding the post of Lecturer in the Markham College of Commerce, Hazaribagh In the subject of History challenged the order of his absorption/regularization of service w.e.f. 15.10.2001 by which he was absorbed in the regular cadre from 1.5.2004 and the petitioner's claim is that he was duly selected candidate on the post of Lecturer in the Markham College" of Commerce, which was affiliated college to Vinoba Bhave University and subsequently became the constituent college to the Vinoba Bhave University, In matter of about 4000 such teaching staff of constituent colleges dispute arose for their absorption and issues have been finally decided by the Supreme Court ". after obtaining report from one man Hon'ble Justice S.C. Agarwal Commission. In the light of recommendation of said Agarwal Commission which has been accepted by the Supreme Court, the petitioner was entitled to his absorption in service from the date of his acquiring requisite qualification which he acquired on 15.10.2001. According to the Learned Counsel for the appellant-petitioner, his name was duly considered by the commission constituted by the order of the Hon'ble Supreme Court, whose recommendation has been accepted in the case of State of Bihar & others v. Bihar Rajya M.S.E.S.K.K. Mahasangh & others, 2005 9 SCC 129, after rejecting all the objections against that commission's report which was submitted by the various persons including the State Government also.

(3.) However, learned Single Judge held that petitioner was absorbed in service on the post which became vacant on the retirement of Dr. Hayat Ahmad and that absorption was made on the basis of the recommendation of the Agarwal Commission. Learned Single Judge also held that Agrawal Commission has given definite finding that petitioner has become eligible for consideration from 15.10.2001 but since there was no vacant post and learned Single Judge also observed that petitioner in the writ application has not stated that on 15.10.2001 any sanctioned vacant post in history was available. In view of the above reasons, it has been held that petitioner has been rightly absorbed in the regular cadre w.e.f. 1.5.2004 because on 30.4.2004 the post in the History subject became vacant due to retirement of Dr. Hayat Ahmad.