Petitioner challenged illegal restraint from night guard duty and sought reinstatement with salary. High Court dismissed writ petition on lack of appointment letter and invalidity of the alleged appointment process.
Reliefs sought for reinstatement and salary benefits were dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18289 of 2013
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rishit Deo Kumar Singh, Adv For the Respondent/s : Mr. Ajay Behari Sinha,
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
2 23-10-2013 Heard learned counsel for the parties.
Having regard to the fact that the petitioner does not have appointment letter, this Court is not in a position to consider his case, wherein, a relief has been sought in the following terms:-
"Commanding the respondent to reinstate the petitioner to the post of night guard in D.B.K.N. College, Narhan (A constituent unit of L.N. Mithila University) as the respondent Principal has restrained him from discharging duty of night guard illegally since last long time. However, the petitioner further prays that the respondent concerned may be directed to pay the petitioner his salary and other service benefits".
The very fact that an employee will seek reinstatement
in service will mean that he was ever appointed in the
Patna High Court CWJC No.18289 of 2013 (2) dt.23-10-2013
2
College but if the petitioner has never been given any appointment letter there would be no concept of his reinstatement.
Learned counsel for the petitioner at this stage would submit that though the appointment of the petitioner was made by the Principal but that was done with the permission of the University.
First of all the Principal of the College has been vested with no power to make appointment of a class-III or class-IV employee in any constituent College. Secondly, there cannot be an approval by the authorities of the University for making appointment on a class-IV post of Night Guard because such post, if sanctioned, has to be advertised and has to be filled up by the competent authority namely the Vice-Chancellor strictly in accordance with law.
That being so, this Court does not find any merit in the application and the same is, accordingly, dismissed.
Ranjan/-
(Mihir Kumar Jha, J)
2 issues framed by the court
Whether the petitioner maintains a prima facie case for reinstatement despite the absence of an appointment letter.
Whether a Principal of a constituent college has the power to appoint a night guard without advertisement.
Rajendra Mahto
The Lalit Narayan Mithila University
The Registrar, Lalit Narayan Mithila University
The Principal, D.B.K.N. College
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
