IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12623 of 2021 ====================================================== 1. Nikhil Kumar Jha Son of Late Raj Kishore Jha Assistant, T.M. Bhagalpur University, Bhagalpur - 812007. 2. Chitragupta Son of Late Rameshwar Prasad Verma Assistant, T.M. Bhagalpur University, Bhagalpur. 3. Narendra Mandal Son of Ambika Prasad Mandal, Assistant, T.M. Bhagalpur University, Bhagalpur. 4. Ramchandra Yadav Son of Late Prayag Yadav Assistant, T.M. Bhagalpur University, Bhagalpur. 5. Dinesh Kumar Shrivastava Son of Late Gopal Prasad Assistant, T.M. Bhagalpur University, Bhagalpur. 6. Niranjan Sharma Son of Shri Ganesh Sharma Assistant, T.M. Bhagalpur University, Bhagalpur. 7. Rajnikant Mishra Son of Late Ram Narayan Mishra Assistant, T.M. Bhagalpur University, Bhagalpur. 8. Md. Gulam Rasul Ansari Son of Late Md. Alizan Assistant, T.M. Bhagalpur University, Bhagalpur. 9. Pawan Kumar Singh Son of Late Prem Chand Singh R/o mohalla - Mandroja, P.S. - Kotwali, Town and District- Bhagalpur. 10. Arvind Kumar Singh- I Son of Shri Bhawani Pd. Singh r/o village - Bhawanipur, P.O. - Nagarpara, P.S. Bihpur, District- Bhagalpur, Pin Code- 853203. 11. Kailash Mandal S/o Baldeo Mandal Assistant, T.M. Bhagalpur University, Bhagalpur. 12. Nabo Narayan Jha Son of late Baidya Nath Jha R/o village - Bhabham, P.O. - Harari, P.S. - Rudrapur, Via- Jhanjharpur, District- Madhubani - 847404. 13. Pranav Kumar Bhattacharya S/o Late Sri Baiday Nath Bhattacharya, Assistant, T.M.B. University, Bhagalpur. 14. Shambhu Nath Singh Son of Shri Chandrika Singh Assistant, T.M.B. University, Bhagalpur. 15. Narendra Kumar Thakur Son of Late Jib Kant Thakur Assistant, T.M.B. University, Bhagalpur. 16. Dharmendra Narayan Singh Bihari S/o Shri Nand Kishore Prasad Singh Assistant, T.M.B. University, Bhagalpur. 17. Rama Shankar Singh S/o Shri Bishwa Nath Singh Assistant, T.M.B. University, Bhagalpur. 18. Shailesh Dutta Mishra S/o Late Rajeshwar Dutta Mishra Assistant, T.M.B. University, Bhagalpur. 19. Bhashkar Pathak S/o Late Baneshwar Pathak R/o Flat No. 104, Sabita Apartment, near Burhanath Mandir, P.S. - Adampur, Town and District- Bhagalpur. 20. Md. Tasneem Ahmad Son of Late H.M. Ilyas Ahmad Assistant, T.M.B. Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 2/8 University, Bhagalpur. 21. Dhanraj Sah Son of Late Kalar Sah R/o Takichak Shalepur Road, Mirjanhat, P.S. - Habibpur, Bhagalpur. 22. Sahbaz Ali Khan Son of Late Rahat Ali Khan Calligrapher, Tilka Manjhi Bhagalpur University, Bhagalpur. 23. Ram Prakash Yadav s/o Shri Ganauri Yadav Assistant, University Department of English, Tilka Manjhi Bhagalpur University, Bhagalpur. 24. Santosh Kumar S/o Late Deo Narayan Lal Assistant, University Department of Geography, Tilka Manjhi Bhagalpur University, Bhagalpur. 25. Amrendra Kumar singh S/o Ganga Dhar Singh R/o Anand Garh Colony, P.S. - Tilkamanjhi, Town and District- Bhagalpur. 26. Navin Chandra Jha S/o Late Bindeshwar Jha Assistant, University Department of History, Tilka Manjhi Bhagalpur University, Bhagalpur. 27. Shankar Prasad Mandal S/o Late Mahavir Prasad Mandal R/o mohalla - Parvatinagar near Satghara, Habibpur, P.S. Habibpur, Town and District- Bhagalpur. 28. Anuj Kr Singh S/o Sada Nand Singh Assistant, University Department of Rural Economics, T.M. Bhagalpur University, Bhagalpur. 29. Naresh Kumar Singh S/o Late Yogendra Prasad r/o - Factory Road Barari, P.O. and P.S. - Barari, Town and District- Bhagalpur, PIN Code - 812003. 30. Suresh Prasad Sudhanshu S/o Late Dhaulal Prasad R/o Mohalla - Sahebganj Bind Toli, P.O. - Champanagar, P.S. - Nathnagar, District- Bhagalpur. 31. Ganga Prasad Singh S/o Late Madan Mohan Singh r/o village - Baghakol, P.O. - Mandro, P.s. - Thakur Gangti, District- Godda. 32. Binod Kumar Gupta S/o Late Moti Lal Gupta r/o mohalla - Warsaliganj, Warsaliganj Road, Near Thakurbari, Mirjanhat, P.S. - Mojahidpur, Town and District- Bhagalpur. 33. Nishat Fatma W/o Late Md. Jalal Khan Storekeeper, P.G. Department of Urdu, Tilka Manjhi Bhagalpur University, Bhagalpur. 34. Mala Verma w/o Late Ravi Bhushan Prasad R/o T.H. 21, 24 Pargana, Professor Colony, Asanandpur, P.S. - Tatarpur, Town and District- Bhagalpur. 35. Rekha Devi W/o Late Arvind Kumar Singh R/o T.H. 22, 24 Pargana, Professor Colony, Asanandpur, P.S. - Tatarpur, Town and District- Bhagalpur. 36. Ruby Mehta W/o W/o Late Binod Kumar Mehta r/o - Mohalla - Sahebganj, P.s. - Nathnagar, Town andx District- Bhagalpur. ... ... Petitioner/s Versus 1. The T.M. Bhagalpur University Bhagalpur, through its Registrar. 2. The Vice - Chancellor, T.M. Bhagalpur University, Bhagalpur. 3. The Pro Vice - Chancellor, T.M. Bhagalpur University, Bhagalpur. 4. The Registrar, T.M. Bhagalpur University, Bhagalpur. Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 3/8 5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 6. The State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 7. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 12864 of 2021 ====================================================== 1. Mahendra Prasad Yadav S.o Late Sukhdeo Prasad Yadav R/o-Village-Bela, P.O.-Belsira, P.S.-Fullidumar, District-Banka. 2. Ganesh Jha S/o Late Mahabir Jha, R/o-Village and P.O.-Tetri, P.S.- Naugachia, District-Bhagalpur 3. Pramod Kumar Param S/o Sri Brahmadeo yadav R/o-Village-Tintanga, Karari, P.S.-Gopalpur, District-Bhagalpur-853204 4. Jai Prakash Mandal S/o Late Laddu Mandal Electrician, P.G. Department of Political Science, T.M. Bhagalpur University, Bhagalpur 5. Ashok Kumar Arvind S/o Late Kanik Lal Yadav, R/o Village and Narayanpur, P.S.-Bihpur, District-Bhagalpur. 6. Deepak Kumar Singh S/o Mohan Singh Assistant, T.N.B. College, Bhagalpur. 7. Manoj Kumar Jaiswal S/o Late Anant Prasad Choudhary, Assistant, T.N.B. College, Bhagalpur. 8. Kamal KUmar Mishra S/o Late Jwala Prasad Mishra R/o Village-Pachrukhi, P.S.-Dharahra, District-Munger, PIN Code-811212. 9. Amod Kumar Jha S/o Late Shivanand Jha Cashier, T.N.B. College, Bhagalpur. 10. Ramdeo Prasad Singh S/o Nemani Prasad Singh Attendant, T.N.B. Bhagalpur. University Office, Bhagalpur. 11. Naresh Jha S/o Late Bhola Jha Peon, T.N.B. College, Bhagalpur. 12. Satish Mandal S/o Late Ram Narayan Mandal, Peon, T.N.B. College, Bhagalpur. 13. Balmiki Mandal S/o Late Ajablal Mandal, Peon, T.N.B. College, Bhagalpur. 14. Lal Mohan Mishra S/o Late Narayan Mishra Village and P.O.-P.S.-Rudrapur, District-Madhubani. 15. Sunil Harijan S/o Late Gamku Mehtar, Sweeper, P.G. Department of Commerce, Tilka Manjhi Bhagalpur, University, Bhagalpur. 16. Murari Mahto Sono f Late Mishri Mahto Class-IV Employee, P.G. Department of Commerce, T.N.B. Bhagalpur University, Bhagalpur. 17. Wakil Paswan Sono f Arjun Paswan Class-IV Employee, P.G. Department of Commerce, T.M. Bhagalpur University, Bhagalpur. 18. Nirmala devi W/o Umesh Harijan, Class-IV Employee, P.G. Department of Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 4/8 Commerce, T.M. Bhagalpur University, Bhagalpur. 19. Rudra Narayan Mandal S/o Lt Ganesh Mandal, Class-IV Employee, P.G. Deptt. of Gandhian Thought,T.M. Bhagalpur University, Bhagalpur. 20. Ram Chandra Ravdas S/o Late Bisheshwer Ram Class-IV Employee, P.G. Department of Gandhian through, T.M. Bhagalpur University, Bhagalpur. 21. Sambhu Jamadar Son of Late Umer Mehtar, Class-IV Employee, Regional Studies Center, T.M. Bhagalpur University, Bhagalpur. 22. Poonam Devi W/o Raja Ram Class-IV Employee, P.G. Department of Geography, T.M. Bhagalpur University, Bhagalpur. 23. Mahesh Mandal S/o Late Bhagwan Mandal Class-IV Employee, P.G. Deptt. of Rural Economics,T.M.. Bhagalpur University, Bhagalpur. 24. Navin Sah Sono f Late Lakshman Sah Class-IV Employee, P.G. Department of Potitical Science, , T.M. Bhagalpur University, Bhagalpur. 25. Chhote Lal Yadav Sonof Late Maharaj Yadav Class-IV Employee, P.G. Department of Hindi, T.M. Bhagalpur University, Bhagalpur. 26. Jagannath Jha S/o Lt. Kusheshwar Jha Darwan, P.G. Girls Hostel, T.M. Bhagalpur Unversity, Bhagalpur. 27. Rajendra Yadav S/on Late Ramu Yadav Darwan, P.G. Girls Hostel T.M.B. University, Bhagalpur. 28. Sunaina Devi W/o Gopeshwar Yadav IVth Grade Employee, P.G. Girls Hostel, T.M. Bhagalpur University, Bhagalpur. 29. Anita Devi W/o Late Lalit Prasad Singh IVth Grade Employee, P.G. Central Office, T.M. Bhagalpur University, Bhagalpur. 30. Dropadi Devi W/o Suresh Harijan, IVth Grade Employee, P.G. Girls Hoste4l, T.M. B. University, Bhagalpur. 31. Hira Lal S/o Mohan Prasad Yadav R/o Village and P.O.-Bishanpur Jichho, P.S.-Sabour, District-Bhagalpur. 32. Mithilesh Maharaj S/o Mahesh Maharaj Storekeeper, P.G. Department of Anthropology, T.M. Bhagalpur University, Bhagalpur. 33. Sanjay Kumar Pandit S/o Baldeo Pandit, Assistant, Examination Section, Tilka Manjhi Bhagalpur University, Bhagalpur. 34. Sanjay Kumar S/o Rameshwar Panjiyara, Lab, Assistant P.G. Department of Botany, T.M. Bhagalpur University, Bhagalpur. 35. Pramila devi W/o Late Rajeev Ranjan Sharma, R/o Village-Bela Nauvad, Bhela Nauabad, P.S.-Beldaur, District-Khagaria. ... ... Petitioner/s Versus 1. The T.M. Bhagalpur University, Bhagalpur through its Registrar. 2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur 3. The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur 4. The Registrar, T.M. Bhagalpur University, Bhagalpur 5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 5/8 6. The State of BIhar, through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 7. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 12623 of 2021) For the Petitioner/s : Mr.Purushottam Kumar Jha, Advocate For the University : Mr.Ritesh Kumar, Advocate For the Respondent/s : Mr.Apurva Kumar, AC to GA 12 (In Civil Writ Jurisdiction Case No. 12864 of 2021) For the Petitioner/s : Mr.Purushottam Kumar Jha, Advocate For the Respondent/s : Mr.Madanjeet Kumar (GP 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 4 15-04-2025 Heard Mr. Purushottam Kumar Jha, learned counsel appearing on behalf of the petitioners; Mr. Ritesh Kumar, learned counsel for the University and Mr. Apurva Kumar, learned AC to GA 12 for the State in CWJC No.12623 of 2021 and Mr. Madanjeet Kumar, learned GP 20 for the State in CWJC No.12864 of 2021. 2. The present writ petitions have been filed for quashing of the order contained in Ref.No.1324/VC/19 dated 19.07.2019 issued by the then Acting Vice Chancellor, T.M.Bhagalpur University, Bhagalpur, by which the claim of the petitioners for grant of due benefits of their regularization from the date of their initial appointment has been rejected. 3. Mr. Purushottam Kumar Jha, learned counsel appearing on behalf of the petitioners informs that the Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 6/8 petitioners were appointed in between 02.06.1988 to 30.05.1998 and they are required to be given the benefit of absorption from the date of their initial appointment in the light of the judgment and order of this Court passed in the case of Braj Kishore Singh vs. The State of Bihar & Ors reported in (1997) 1 PLJR 509 and also in the light of Hon’ble Supreme Court decision passed in Balram Gupta vs. Union of India case reported in 1987 (Supp) SCC 228 and the order/judgment of a Co-ordinate Bench of this Court passed in the case of Pinki Devi vs. The State of Bihar & Ors. passed in CWJC No.4986 of 2023 and as such, the order passed by the then Acting Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur, rejecting the claim of the petitioners for grant of due benefits of their regularization from the date of their initial appointment is bad in law. 4. In these backgrounds, the learned counsel submitted that the petitioners seek to file detailed individual representations along with their service particulars before the Vice Chancellor/Registrar of the University, for redressal of their grievance. 5. Per contra learned counsel appearing on behalf of the University submitted that the respondent university has passed the order after examining the cases of the petitioners as Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 7/8 per the direction contained in order dated 27.03.2018 passed in CWJC No.742 of 2013 and the same is a reasoned order. Learned counsel further submitted that the petitioners were appointed on Class III and IV post in pursuance to advertisement issued in the year, 2001 by the respondent University for appointment on Class III and IV post. Henceforth, the petitioners were appointed in service of the College/University department w.e.f. 05.06.2003. There is clear and categorical finding given by the Vice Chancellor of the University that the petitioners were appointed as Daily Wager without following the recruitment rules/norms as they were appointed by the then Principals of the Colleges, who were not a competent authority to make appointment of non-teaching staff. 6. In the above facts and circumstances of the case, the order contained in Ref.No.1324/VC/19 dated 19.07.2019 passed by the then Acting Vice Chancellor, T.M.Bhagalpur University, Bhagalpur is hereby set aside and quashed. 7. The matter is remitted back to the Vice Chancellor/Registrar of the University to proceed afresh in accordance with law laid down by the Apex Court. Further, considering the desire of the petitioners, the petitioners are directed to file their individual representation before the Vice- Patna High Court CWJC No.12623 of 2021(4) dt.15-04-2025 8/8 Chancellor/Registrar of the University. The Vice- chancellor/Registrar of the University is directed to call for the service particulars relating to all the petitioners and examine their case and proceed to grant them similar relief as has been granted to the similarly situated other employees, from the date of their initial appointment, for the purposes of their absorption and grant them all the consequential benefits well within a period of three months. 8. The present writ petitions are accordingly disposed of. chn/- (Purnendu Singh, J) U