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2021 Supreme(Pat) 653

CHAKRADHARI SHARAN SINGH
Shiv Shankar Choudhary – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Binod Kumar Labh, Advocate, Mr. Shyama Kant Singh, Advocate, Mr. Ajit Kumar, Advocate, Mr. Gajendra Kumar Singh, Advocate, for the Appellant; Mr. Madanjeet Kumar, GP-20, Mr. Ajay Behari Sinha, Senior Advocate, Mr. Md. Nadim Seraj, Advocate, for the Respondent.

JUDGMENT

1. By a letter dated 12.02.1986 addressed to the petitioner by the Principal, M.K. College, Laheriasarai, the petitioner was appointed as sorter in the Library of the College on casual basis on payment of Rs. 12.50 per day. There was no process of selection conforming requirements of Articles 14 and 16 of the Constitution of India undertaken before the said engagement. The College is a constituted unit of the said University. The post of sorter in the Library was not sanctioned. The petitioner joined the said post on the very next date i.e. on 13.02.1986.

2. It is the petitioner's case that the Principal of the College had intimated the University about the petitioner's engagement in the College through letter dated 21.01.1994 issued under the signature of the Principal of the College. The Principal also informed through the letter that post of Librarian was vacant in the College. In response to the said letter dated 21.01.1994, the Registrar of the University addressed a letter dated 29.01.1994 to the Principal mentioning that the petitioner should be allowed to continue against the post and that he would be entitled to payment on revised rate of 'daily wage'. The letter da

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