Manish Kumar Bharti Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1621 of 2025

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Manish Kumar Bharti Son of Late Ashok Yadav, Resident of VillageDhanchhuha, P.O.-Bargawn, P.S.-Konch, District- Gaya, Bihar-824207.

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Asif Ata, Son of Ataur Rahman, Resident of Village- Barhanda, P.O.Barhanda, P.S.-Minapur, District- Muzaffarpur, Bihar- 843128.

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Md. Ruhal Ain, Son of Late Mohammad Zobair, Resident of Village- Amwa Sheikh Toli, P.O.-Amwa Kalan, P.S.-Piprahi, District- Sheohar, Bihar843334.

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Rajpati Kumari, D/o Late Satynarayn Sah, Wife of Shri Sudhir Kumar, Resident of Juran Chhapra, near Mahamaya Asthan, P.O.- M.I.T, P.S.Brahampura, District- Muzaffarpur, Bihar-842003.

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Manisha Kumari, D/o Baban Prasad, Resident of Behind S.D.O. Kothi (East), Damuchowk, P.O.- Bihar University, P.S.- Kazi- Mohammadpur, District- Muzaffarpur, Bihar- 842001.

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Swati Kumari, D/o Vinod Kumar, Wife of Sri Vivek Ranjan, Resident of Purwari Tola, Ward No. 11, P.O.-Dhanaur, P.S. Katra, District- Muzaffarpur, Bihar- 843321.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Science, Technology and Technical Education, Government of Bihar, Patna.

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The Secretary, Department of Science, Technology and Technical Education, Government of Bihar, Patna.

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The Director, Department of Science, Technology and Technical Education, Government of Bihar, Patna.

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The Principal, Muzaffarpur Institute of Technology, Laxmi Chowk, Brahampura, District- Muzaffarpur, Bihar- 842003.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Respondent/s : Standing Counsel (16)

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 10-02-2025 Heard Mr. Kumar Kaushik, learned counsel

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appearing on behalf of the petitioners and learned Standing Counsel (16) appearing on behalf of the State.

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The petitioner in paragraph no. 1 of the present writ

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Patna High Court CWJC No.1621 of 2025(2) dt.10-02-2025 2/3

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petition has sought inter alia the following relief(s), which is reproduced hereinafter:-

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“ (i). For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to allow the minimum of the pay scale granted to the Assistant Professors appointed on permanent basis in various Government Engineering Colleges to the petitioners, who were appointed Guest Assistant Professor at the Muzaffarpur Institute of Technology under the Department of Science, Technology & Technical Education Bihar and are continuing in the aforesaid capacity, in view of the fact that they have the same qualification as permanent Assistant Professors and are performing similar and identical functions and carrying out the same duties and responsibilities and are thus entitled to the minimum of the pay scale attached to the permanent post on the principle of equal pay for equal work.

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(ii) For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to allow the consequential benefits including the arrears of difference of salary to the petitioners with effect from the date of their appointment as Guest Assistant Professor to the date of actual payment resulting from the reliefs claimed in the preceding Paragraph No. 1 (i).”

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Learned counsel appearing on behalf of the

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petitioners submitted that for the reliefs sought for in the present writ petition, the petitioners have already represented before the Department of Science, Technology and Technical Education, Government of Bihar, in view of the admitted position that vacant sanctioned posts are available at the Muzaffarpur Institute of Technology. The petitioners have been engaged as Guest Assistant Professor, drawing consolidated honorarium of Rs.1500/- per hour, subject to maximum of Rs.50,000/- per

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Patna High Court CWJC No.1621 of 2025(2) dt.10-02-2025 3/3

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month. He further submitted that it is also admitted that the petitioners fulfill all the requisite criteria for being appointed on regular basis, subject to the conditions of the Advertisement published for filling such posts.

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Considering the aforesaid facts, I find that the Additional Chief Secretary, Department of Science, Technology and Technical Education, Government of Bihar, must proceed with the selection procedure, following the required process of filling the vacant sanctioned posts, in accordance with law.

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It goes without saying that the representation of

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the petitioners is required to be disposed of by passing a reasoned order, expeditiously, giving the information, as to what steps the State has taken to redress the grievances of the petitioners, as prayed for in the present writ petition.

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Accordingly, the present writ petition stands

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disposed of.

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(Purnendu Singh, J.)

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Ashishsingh/-

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U

Manish Kumar Bharti v. The State of Bihar

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Manish Kumar Bharti v. The State of Bihar

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