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AJIT KUMAR
Kusheshwar Sah – Appellant
Versus
B. N. Mandal University, Laloo Nagar, Madhepura – Respondent
Ajit Kumar, J.—Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the B.N. Mandal University.
2. The instant writ application has been filed for the following reliefs:—
(i) For setting aside the order of the respondent B.N. Mandal University, Madhepura, vide Memo No.369/17 dated 07.04.2017 issued under the signature of its Registrar whereby claim of the petitioner for regularization of services as Class-IV employee has been rejected.
(ii) For an appropriate direction to the Respondent University to regularize the services of the petitioner as a Class-IV employee of Saharsa College (now, M.L.T. College, Saharsa) in the prescribed scale of pay, giving effect to the Memo No.86/96 dated 04.09.1996, issued under the signature of the Registrar, B.N. Mandal University, Madhepura.
(iii) For payment of due salary to the petitioner since March 1997 onwards up to date with necessary allowance etc. for his continuous services rendered on Class-IV post in MLT College, Saharsa.
(iv) For any other relief(s) for which the petitioner is found entitled in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the petitioner
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....
Persons who have passed prescribed jobtest/interview and are found qualified for post and has been given appointment on ad hoc basis, their services be regularized.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
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