Remanded

Baban Thakur v. the State of Bihar and Ors.

Patna HC14 Aug 2012CWJC/12026/2012

Case brief

AI extract

What is this about?

Petitioner challenged transfer order against his parent appointment. Court accepted contention that promotion as Jamadar within University office converted him to University employee, making reversion untenable. The matter was remanded to Registrar for a reasoned order on grievances.

What did the court decide?

Matter remanded to Registrar of University to consider grievances and pass a speaking order within two months.

Baban Thakur Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12026 of 2012

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	====================================================== 1. Baban Thakur S/O Late Ram Padarath Thakaur Resident Of Village Damodarpur, P.S. Kanti, District Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Vice Chancellor Of Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur. 3. Registrar Of B.R.A. Bihar University, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Prasad II For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 For the University : Mr. Harendra Kumar Tiwary
	====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
3	14-08-2012 Heard learned Counsel for the petitioner, the State and the respondent University.

======================================================
1. Baban Thakur S/O Late Ram Padarath Thakaur Resident Of Village
Damodarpur, P.S. Kanti, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. Vice Chancellor Of Baba Saheb Bhim Rao Ambedkar, Bihar University,
Muzaffarpur.
3. Registrar Of B.R.A. Bihar University, Muzaffarpur.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Prasad II
For the Respondent/s : Mr. Md. N. Hoda Khan Sc18
For the University : Mr. Harendra Kumar Tiwary

======================================================
CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
ORAL ORDER

14-08-2012
Heard learned Counsel for the petitioner, the State and the
respondent University.

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The petitioner is aggrieved by order dated 14.1.2012 passed by Respondent no. 2 transferring and posting him at the MJK College Bettiah against his parent post.

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It is submitted that the petitioner was appointed on 1.1.1977 as a Grade IV employee in MJK College at Bettiah. On 7.9.1987 he was transferred to the University main office. On 26.5.1`979 his services were retained in the University office and he was posted in the Vice Chancellor Secretariat. Subsequently applications were invited for filling up the vacant post of Vice Chancellor’s Jamadar from amongst Grade IV staff of the Vice Chancellor Secretariat. On 28.11.1998 the petitioner on having applied was promoted as a Class IV employee in the University office on a vacant post of Jamadar. He thus became an employee of the University after appointment by promotion. Once he became an employee of the University, the question of reverting him to his original Grade IV post in MJK College at Bettiah simply does not arise.

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Patna High Court CWJC No.12026 of 2012 (3) dt.14-08-2012

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Counsel for the respondents submit that it may require interpretation with regard to the promotion of the petitioner as Jamadar in the Vice Chancellor’s Secretariat in pursuance of applications invited and considered.

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The facts reflect that the petitioner was originally appointed in MJK College at Bettiah on the post of Peon. He appears to have been brought in one capacity or the other to the Vice Chancellor Secretariat by an order dated 9.4.1979 which is not on record. By order dated 26.5.1979 in modification of the above his services were retained in the University office. His appointment on the post of Peon was against a sanctioned and vacant post. It appears that thereafter the University invited applications for appointment by promotion. The petitioner amongst others applied for the post of Jamadar. He was appointed by promotion on 28.11.1998 as Jamadar in the Vice Chancellor office on the recommendation of the committee constituted for the purpose by order dated 23.11.1998.The Court finds substance in the contention of the petitioner that he became an employee of the University after his appointment by promotion as Jamadar in the Vice Chancellor Secretariat. If that be correct the question of reverting him to the post of Peon in the MJK College at Bettiah may not be sustainable in law.

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Rather than to ask for a counter affidavit the matter is remanded to the Registrar of the University to consider the grievances of the petitioner in light of the present discussion and pass a reasoned and speaking order preferably within a maximum period of two months from the date of receipt and/or presentation of a copy of this order.

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The writ application stands disposed.

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(Navin Sinha, J)

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Snkumar/-

Baban Thakur v. the State of Bihar and Ors.

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Baban Thakur v. the State of Bihar and Ors.

Case brief

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