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Patna High Court

Awadhesh SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court ordered the university registrar to decide the petitioner's claim and, if it aligns with the precedent, to grant absorption and consequential benefits within eight weeks.

Summary

Awadhesh Singh, a retired assistant of S.B.A.N. College, filed a writ petition challenging the rejection of his claim for absorption as a non‑teaching employee of Magadh University and for payment of salary arrears. He sought certiorari to quash the rejection order and mandamus directing the university and the State to notify his absorption under Section 4(1)(14) of the Bihar State Universities Act, 1976, and to release his arrears. The petitioner relied on the decisions in Ram Chandra Singh v. State of Bihar (C.W.J.C. No. 8338 of 2018) and the earlier judgment in Gajendra Kumar Sharma’s claim, which had restored similar employees. The court noted the submissions and directed the Registrar of Magadh University to adjudicate the claim and, if the petitioner’s case is found analogous to Gajendra Kumar Sharma’s, to grant the same benefits within eight weeks. The writ petition was consequently disposed.

Issues considered

  • Whether the petitioner is entitled to be absorbed as a non‑teaching employee of Magadh University under the Bihar State Universities Act, 1976.
  • Whether the petitioner is entitled to salary arrears pending adjudication of his claim.
  • Whether the earlier judgments in Ram Chandra Singh and Gajendra Kumar Sharma bind the present case.

Legislation cited

Subjects

  • non‑teaching employee absorption
  • mandamus
  • certiorari
  • salary arrears
  • Bihar State Universities Act
  • university staff regularisation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.16497 of 2018
                 ======================================================
                 Awadhesh Singh S/o Ram Sarup Singh Resident of Kurthadih, P.S. Kurtha,
                 District- Arwal, Retired Assistant of S.B.A.N. College, Darhetta Lari,
                 District- Arwal.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State Of Bihar and Ors
           2.    The Principal Secretary, Department of Higher Education, Govt. of Bihar,
                 Patna.
           3.    The Magadh University, Bodh Gaya through its Registrar.
           4.    The Vice Chancellor, Magadh University, Bodh Gaya at Bodh Gaya.
           5.    The Registrar, Magadh University,Bodh Gaya at Bodh Gaya.
           6.    The Finance Officer, Magadh University, Bodh Gaya at Bodh Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :      Mr. Dinesh Kumar, Advocate
                                                       Mr. Saroj Kumar, Advocate
                                                       Ms. Sandhya Singh, Advocate
                 For the Respondent/s           :      Smt. Binita Singh, SC-28
                 For the Magadh University      :      Ms. Prakritita Sharma, Advocate
                                                       Mr. Amarjeet, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   28-04-2026                      Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The writ petition has been filed for the following

                   reliefs :-

                                           i. For the issuance of a writ of certiorari
                                     and/or any other appropriate writ/direction/order
                                     for quashing the order dated 16.09.2015 in Claim
                                     No. 174/2013 by which the claim of the petitioner
                                     was rejected by the Hon'ble Justice S.B. Sinha
                                     Commission.
Patna High Court CWJC No.16497 of 2018(4) dt.28-04-2026
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                                 ii. For the issuance of a writ of mandamus
                          and/or any other appropriate writ/direction/ order
                          commanding the respondents no. 2, 3 and 4 to
                          notify the absorption of the service of the petitioner
                          as an Assistant in S.B. A.N. College, Darhetta Lari,
                          in exercise of powers conferred under section 4(1)
                          (14) of the Bihar State Universities Act, 1976 and
                          in compliance of the order dated 12.10.2004 of the
                          Hon'ble Supreme court in CA No. 6098/1997 and
                          in full conformity with the report of the Hon'ble
                          Justice Aggarwal Commission.
                                 iii. For the issuance of a writ mandamus
                          and/or ay other appropriate writ/direction/order
                          commanding respondents no. 1 and 2 to release the
                          arrears of salary of the petitioner during the
                          pendency of the instant writ petition.
                                 iv. For the issuance of any other appropriate
                          writ/direction/ order to ensure the grant of
                          consequential reliefs in the facts and circumstances
                          of the case.

                      3. Learned counsel for the petitioner submits that the

          claim petition of this petitioner, being Claim Petition No.

          174/2013, was also adjudicated along with other claim petitions

          being Claim Petition No. 172 of 2013 filed by Gajendra Kumar

          Sharma v. the State of Bihar and Others. The claim of this

          petitioner, along with Gajendra Kumar Sharma (supra) was

          rejected and the rejection order passed by Justice S. B. Sinha

          (Retired Commission) was put to challenge before this Hon’ble

          Court in CWJC No. 25059 of 2018. Upon consideration of the

          case of Gajendra Kumar Sharma (supra), the following orders
Patna High Court CWJC No.16497 of 2018(4) dt.28-04-2026
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          were passed.

                                  “Both the counsels are ad adum that the law
                          is settled by the coordinate Bench in C.W.J.C. No.
                          8338 of 2018 ( Ram Chandra Singh Vrs. The State
                          of Bihar & Ors) decided on 06.08.2018 would
                          govern the present case also as the petitioner is
                          also an Assistant which is a non-teaching
                          category-
                                  In Ram Chandra Singh (supra) the
                          coordinate Bench after taking into consideration
                          the law as settled by the Apex Court in the State of
                          Bihar & Ors. Vrs. Bihar Rajya M.S.ES.K.K.
                          Mahasangh & Ors. reported in (2005) 9 SCC 129
                          proceeded to hold as under:
                                         "Considering the judgment in C.W.JC.
                                  No. 17670 of 2017 the order of reviewing the
                                  notification of absorption of the petitioner is
                                  declared nullity, the respondents are directed
                                  to restore the petitioner the status of
                                  absorbed non-teaching employee with all
                                  consequential benefits.
                                         Final decision as to consequential
                                  benefit must be taken by the University
                                  within a period of four months from the date
                                  of receipt/production of a copy of this order."
                                  In the present case too, the petitioner read
                          that issue be treated as absolved on regularized
                          non-teaching employees and also be granted the
                          pay and allowances.
                                  Keeping in view above, the respondents are
                          directed to restore the petitioner the status of
                          absorbed non-teaching employees with all
                          consequential benefits. The consequential benefits
                          shall be calculated and released by the University
                          within a period of four months from the date of
                          submission of a copy of this order.
                                  With the aforesaid observations and
                          directions, this writ petition is disposed of.”
Patna High Court CWJC No.16497 of 2018(4) dt.28-04-2026
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                      4. It is the case of the petitioner that his case is

          squarely covered by the judgment and order passed in the case

          of Gajendra Kumar Sharma (supra) and, therefore, the present

          case may also be directed to be adjudicated in similar terms.

                      5. On the other hand, learned counsel for the State as

          well as learned counsel for the University submit that the

          authorities may be directed to adjudicate the case of the

          petitioner and if, upon such adjudication, the petitioner’s case is

          found to be covered by the ratio laid down in the case of

          Gajendra Kumar Sharma (supra), whose claim was also rejected

          along with that of the petitioner’s claim and is found to be at par

          with Gajendra Kumar Sharma (supra), then the authorities of

          the University may be directed to pass appropriate and

          necessary orders in accordance with law.

                      6. Considering the submissions of the parties, this

          Court finds it appropriate to direct the Registrar of Magadh

          University to take a final decision with regard to the claim of the

          petitioner. If, upon adjudication, it is found that the case of the

          petitioner is at par with that of Gajendra Kumar Sharma (supra)

          whose claim was also rejected along with the petitioner and that

          the petitioner is also entitled to the same and similar relief, then,

          after verifying the bona fide of the claim with reference to the
           Patna High Court CWJC No.16497 of 2018(4) dt.28-04-2026
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                     official records as well as the findings recorded by the

                     Commission, a necessary decision shall be taken.

                                 7. In the event that the petitioner is found similarly

                     situated, the corresponding benefits at par shall also be extended

                     in favour of the petitioner within a period of eight weeks.

                                 8. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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