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2022 Supreme(Pat) 534

MOHIT KUMAR SHAH
Indra Kant Jha – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ajit Kumar (in 19604); Abhinav Srivastava (in 20640); M/s Purushottam Kumar Jha, Avanindra Kumar Jha, Narendra Kumar Sinha, Anand Tiwary (in 2905, 6988); Mr. Jitendra Kumar Roy (in 19604); M/s Manoj Kumar, Ajay Kumar (in 20640); Mr. S.S. Tiwary (in 6988).
For the State : M/s Subash Chandra Mishra, Madhukar Mishra, Samir Kumar (in 2905).
For the University : Mr. Ashhar Mustafa (in 6988).

MOHIT KUMAR SHAH, J.:–Regard being had to the commonality of the issue involved in all the aforesaid four writ petitions, it was thought apposite to hear them analogously and accordingly, they were heard together with the consent of the parties and are being disposed off by the present singular order.

2. Challenge has been made to the decision of the Special Secretary, Education Department, Government of Bihar, Patna dated 08.09.2014, whereby and whereunder the appointment of the petitioners of the aforesaid four cases has been held to be contrary to the rules/regulations, consequently their appointments have been held to be illegal.

3. Before, adverting to the factual outline of the cases in hand, it would be appropriate to mention here that as far as CWJC No. 2905 of 2019 is concerned, the petitioner therein is the widow of one Late Shashi Prasad Singh, who was employed as Class-III employee in the TNB College, Bhagalpur under the Tilka Manjhi Bhagalpur University, Bhagalpur and had stood superannuated w.e.f. 30.09.2016, whereafter, he died on 24.11.2016.

4. In order to narrate the factual aspect of the matter, it would be appropriate to refer to the facts of one of the aforesaid wr

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