Disposed

Ram Balak Mahto v. The State Of Bihar and Ors.

Patna HC14 May 2013MJC/5500/2012

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition challenging non-compliance with directions regarding regularization of casual employees. Finding the University had initiated recruitment and assured completion by June 30, 2013, the Court held contempt did not arise but reserved liberty to revive the matter if the assurance was breached.

What did the court decide?

The petition was disposed of; liberty reserved to revive if appointments are not made by 30th June, 2013.

Ram Balak Mahto Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5500 of 2012

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Letters Patent Appeal No. 169 of 2012 In

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Civil Writ Jurisdiction Case No. 16556 of 2007

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====================================================== Ram Balak Mahto S/O Late Khakhanu Mahto R/O Village - Simri Gopal, P.S. Chak Mehsi, Distt. - Samastipur Presently posted and working as Gwala at Cattle Farm Pusa, Rajendra Agriculture University, Pusa, Samastipur

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.... Appellant.... Petitioner

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Versus

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The State of Bihar through Mr. Navin Kumar, the Secretary, Deptt. of Agriculture, Old Secretariat, Patna, Bihar

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Mr. R.K. Mittal, the Vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur

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Mr. R.C. Rai, the Registrate, Rajendra Agriculture University, Pusa, Samastipur

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Mr. R.N.Sahay, the Director Administration Rajendra Agriculture University, Pusa, Samastipur

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.... Respondents.... Opp. Parties

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====================================================== Appearance : For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Opp. Party/s : Mr. Bhaskar Shankar, AC to GP 16 For the Univ. : Mr. Anil Kumar Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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3 14-05-2013 Learned counsel for the State of Bihar and its

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authorities as well as learned counsel for the Rajendra Agriculture

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Patna High Court MJC No.5500 of 2012 (3) dt.14-05-2013

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2/3

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University and its authorities are present. No one appears on behalf of the petitioner today also.

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This case is also exactly similar in nature as M.J.C. No. 2486 of 2012 and its analogous cases which were decided by a Division Bench of this Court on 9^th April, 2013.

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All the aforesaid cases including this petition were filed under the Contempt of Courts Act, 1971 for non-compliance of the direction dated 15^th March, 2011 issued by the Division Bench of this Court in Letters Patent Appeal No. 147 of 2011 and cognate appeals. The Bench has reiterated the direction issued by the Hon’ble Supreme Court and has issued direction to the respondent Rajendra Agriculture University to follow the order of the Apex Court dated 18^th February, 1998. It is the grievance of the petitioner that the directions issued as early as on 15^th March, 2011 have not been carried out till date.

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It is the case of the respondent University that pursuant to the direction issued by the Hon’ble Supreme Court, the action had already been initiated and as many as 173 casual employees who had completed 15 years as such have been regularized in service. To fill in remaining vacancies by direct recruitment, the advertisement has been issued, applications have been received, applications are scrutinized and the recruitment process is in

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Patna High Court MJC No.5500 of 2012 (3) dt.14-05-2013

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3/3

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operation. The respondents have assured this Court to complete the interview and to issue appointment letters to the concerned person by 30^th June, 2013.

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In view of the exercise undertaken by the respondent University and the aforesaid assurance, we have no reason to believe that the University is bent upon not to carry out the directions issued by the Hon’ble Supreme Court or for that matter of this Court. The question of contempt of this Court therefore shall not arise. This petition is accordingly disposed of.

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We, however, reserve liberty to the writ petitioner to revive this petition in case the University fails to stand by its assurance and to make appointment by 30^th June, 2013.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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Anjani/-

Ram Balak Mahto v. The State Of Bihar and Ors.

Case brief

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Ram Balak Mahto v. The State Of Bihar and Ors.

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