Jai Shankar Prasad and Others vs State of Bihar and Others

Narayan Roy, J.—Heard learned counsel for the parties. Annexure 1 has been challenged by the petitioners.

It appears from the materials on record that annexure 1 dated 30th August, 1999 was noticed by this Court in C.W.J.C. No. 11854 of 1999, which was filed by one Nikhil Kumar Jha and others and the same was set aside in respect of those petitioners and consequently thereof, the follow-up action was also set aside. It also appears that the University authorities were directed by the Higher Education to regularize their services, but the matter, ultimately, went to the Chancellor and the office of the Chancellor, ultimately, vide its order dated 3rd December, 1995, issued necessary direction to Tilka Manjhi Bhagalpur University to regularise the services of the persons like the petitioners, who are daily wagers.

It is submitted by learned counsel for the University that appropriate decision shall be taken in the matter by the University as per the direction of the Chancellor. Learned counsel further submits that in identical matters, this Court has directed the University to take appropriate decision in the matter in light of the direction of the Chancellor within a period of three months.

This case appears to be identical to that of C.W.J.C. No. 11854 of 1999.

In this view of the matter, the order, as contained in Annexure 1, and the follow-up action, as contained in Annexure 2, are set aside, so far the petitioners are concerned. The University now is directed to take an appropriate decision in the matter, so far the petitioners are concerned, at par with other daily wagers including that of Nikhil Kumar Jha and others, who were petitioners in C.W.J.C. No. 11854 of 1999, in light of the direction issued by this Court on 16.12.2005 in C.W.J.C. Nos. 2320 of 2000 and 2526 of 2000. This disposes of the writ application.