Petitioner alleged discriminatory exclusion from an office order granting regularization to fellow employees. Court directed universities to examine the case and decide within two months.
Directed respondent nos. 4 and 5 to examine the petitioner's case and decide within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1896 of 2023
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Guru Prasad Kashyap S/o Krishandev Sharma R/o Village and P.O.- Chhapra Megh District- Muzaffarpur has been working as Assistant cum Storekeeper, Geography Department, L.S College, Muzaffarpur with additional charge of the Assistant Examination Control Room, L.S. College Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar Manoj, Advocate For the State : Mr.Madhaw Pd. Yadaw, GP-23 Mr. Sanjay Kumar, AC to GP-23 For the University : Mr. Nikhil Kumar Agrawal, Advocate Mr. Yash Sahay, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 22-06-2023
The grievance of the petitioner is that even as he similarly situated with others whose names are mentioned in the office order contained in Memo No.B/1397 dated 13.08.2022 issued under the signature of the Registrar, Babasaheb Bhimrao Ambedkar Bihar University (Annexure- ‘15’), he has been discriminately ignored.
Learned counsel for the petitioner submits that on perusal of the letter reference no.01435A dated 10.12.2015 written by the Principal of the college to the Registrar of the University regarding regularization of 3rd and 4th grade fixed pay employees
Patna High Court CWJC No.1896 of 2023(2) dt.22-06-2023 2/2
against existing vacancies of this college, it will appear from Annexure-1 thereto that the name of this petitioner stands at serial no.1 and he has been shown as one of the persons engaged in the college with due approval of the University.
Mr. Yash Sahay, learned counsel for the University submits that the University may be given an opportunity to look into the case of the petitioner and in case his case is found identical to the others in whose respect the office order dated 13.08.2022 (Annexure- ‘15’) has been issued, similar treatment shall be given to the petitioner as well and an appropriate decision in this regard shall be taken within a reasonable period.
In view of the submissions made on behalf of the University, this Court directs the respondent nos. 4 and 5 to look into the case of the petitioner, examine the same and take an appropriate view of the matter keeping in view its own office order as contained in Annexure- ‘15’ and other materials which are available on the record. Let such decision be taken within a period of two months from the date of receipt/production of a copy of this order.
(Rajeev Ranjan Prasad, J)
arvind/-
U
1 issue framed by the court
Whether the petitioner, similarly situated to others granted regularization, is entitled to be included in the office order.
Guru Prasad Kashyap
The State of Bihar
B.R.A. Bihar University
The Principal, L.S. College
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
