A university Accounts Assistant regularised by office order dated 15.7.2013 with retrospective effect from 1981 sought payment of the consequential benefits. The court held the order had stood unchallenged for over ten years and directed the Registrar to pay the benefits within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11309 of 2014
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Md. Nurulain S/o Late Md. Zakaria R/o Mohalla - Nabiganj (Near Dada Saheb Ka Majar) P.O. Chapra, P.S. Bhagwan Bazar, District - Saran
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. S. Arshad Alam, Advocate Ms. Anjum Perveen, Advocate Md. Shadab Alam Wazdi, Advocate Mr. Prafulla Kumar Jha, Advocate For the Respondent/s : Mr. Hansraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 01-03-2024
directing the respondents to ensure payment of the actual/consequential financial benefits of memo no.3769 (R) dated 15.7.2013 issued under the signature of the Registrar, Jai Prakash University, Chapra whereby the services of the petitioner, an Accounts Assistant in Rajendra College, Chapra
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was regularised against sanctioned vacant post in the prescribed scale of pay plus admissible allowances with retrospective date ie the 21st April, 1981.
Patna High Court CWJC No.11309 of 2014 dt.01-03-2024 3/6
Subsequently, on the petitioner once again representing his case, the respondent University came out with an office order vide memo no.3769 (R) dated 15.7.2013 issued under the signature of the Registrar, Jai Prakash University, Chapra regularising the service of the petitioner as an Accounts Assistant, Rajendra College, Chapra against the sanctioned vacant post in the prescribed scale of pay with admissible allowances with retrospective date ie 21st April, 1981.
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rejection before the Hon’ble Chancellor. It was subsequently that on the then incumbent having been appointed as acting Vice Chancellor, though he was not competent to regularise the service of the petitioner that the order as contained in Annexure9 dated 15.7.2013 was passed regularising the service of the petitioner with admissible allowances with retrospective effect ie 21.4.1981. It is further submitted that the matter of regularisation of service being a policy decision, the acting Vice Chancellor was not competent to take the decision.
JAI PRAKASH UNIVERSITY, CHAPRA
OFFICE -ORDER
In compliance of the orders of Hon’ble High Court, Patna contained in a writ CWJC No.7593/04, Md. Nurullain Vs. the State of Bihar and others the Vice-Chancellor has been pleased to regularize the services of Md. Nurullain, Accounts Assistant, Rajendra College, Chapra against one of
Patna High Court CWJC No.11309 of 2014 dt.01-03-2024 5/6
the sanctioned vacant posts in the prescribed scale of pay plus admissible allowances with retrospective date the 21st April 1981.
He is directed to remain on duty as usual.
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April 1981, in the opinion of the Court, the petitioner is entitled for payment of the consequential benefits as a result of the same.
(Partha Sarthy, J)
Saurabh/-
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1 issue framed by the court
Whether the petitioner is entitled to consequential financial benefits flowing from the 15.7.2013 order regularising his services retrospectively from 21.4.1981.
Md. Nurulain
The State of Bihar through the Secretary, Higher Education, Government of Bihar, Patna
The B.R.A. Bihar University, Muzaffarpur through its Vice Chancellor
The Registrar, B.R.A. Bihar University, Muzaffarpur
Jai Prakash University, Chapra through its Vice-Chancellor
The Registrar, J.P. University, Chapra
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
