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ANIL KUMAR SINHA
Yogendra Paswan Son of Late Anurag Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Anil Kumar Sinha, J.
1. All these writ petitions have been filed by the similarly situated employees, whose services were regularized for a direction to the respondent authorities to make payment of arrears of salary in terms of the notification dated 26.12.2009 by which the services of the petitioners and similarly situated persons were regularized from the date of their initial appointment.
2. In CWJC No. 6316 of 2015 there are twenty six petitioners of Class III & Class IV. In CWJC No. 12124 of 2015 one petitioner is there and in CWJC No. 6444 of 2015 there are fourteen petitioners.
3. The petitioners have further prayed for quashing the order dated 29.01.2019 contained in letter no. 201 issued by the Department of Education, Government of Bihar, by which the notification of the University dated 26.12.2009 has been cancelled.
4. Brief facts giving rise to the present writ application is that petitioners and similarly situated persons were appointed as Daily Wage Employees against different Class III & Class IV non-teaching posts in different Colleges of the University upon which they continued to discharge their function satisfactorily. In the light of various orders passe
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
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