Two daily-wage college employees sought regularisation after their 1994 termination and earlier failed writ and contempt proceedings. The court found they had not qualified the University's interview following its advertised recruitment and dismissed the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2383 of 2019
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... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Ojha, Adv. For the Respondent/s : Md. Nadim Seraj, Adv. For the LNMU University : Mr. Shailesh Kumar, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN CAV Judgment
Date : 19-03-2024
Heard learned counsels for the parties.
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vice, the petitioners approached this court vide C.W.J.C. No. 10099 of 1996 praying for quashing of the letters of termination so issued on the ground that such terminations had been previously set aside by this Court through different writ petitions. The case was taken up by a bench of this Court and this Court vide its order dated 26.08.1997 was pleased to observe thus:
“I am not going to decide the question as to whether the petitioners are similarly situated persons like the petitioners of C.W.J.C. No. 9048 of 1994, 9049 of 1994 and 9192 of 1994 or not. Daily wage engagement can be made in any organisation even in absence of a post. Therefore, whether the petitioners were appointed against the clear vacant posts or not is not the criteria. This Court has already directed the respondents to fill up all the non-teaching vacant posts of the college, in question after due advertisement and selection. I reiterate the same while passing this order.”
tioned in the paragraph above, the University invited application for filling up the vacant class IV post and the petitioners applied for the same, but they were neither appointed nor their case was considered for appointment. Thereafter, the petitioners filed a case for initiation of contempt vide M.J.C. No.
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3850 of 2000. Unfortunately, without any fault on the part of the petitioners, the said M.J.C. No. 3850 of 2000 was dismissed for non prosecution as the counsel did not appear despite repeated calls.
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and gave them a choice of working on daily wages basis subject to regularization on experience.
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its finality.
plication is dismissed.
(Anjani Kumar Sharan, J)
divyanshi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | 26.02.2024 |
| Uploading Date | 20.03.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether the petitioners, former daily-wage employees terminated in 1994, were entitled to regularisation of their services.
Whether failure to regularise the petitioners while a junior was regularised violated Article 16.
1 provisions across 1 enactments
Shiv Kumar Mishra
Ashok Kumar
The Vice Chancellor, Lalit Narayan Mithila University
The Registrar, Lalit Narayan Mithila University
The Principal, A.P.S.M. College, Barauni, Begusarai
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
