IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR, J.
CWJC No. 6357 of 2019
(25.11.2025)
Kusheshwar Sah ... Petitioner
vs.
B.N. Mandal University, Laloo Nagar, Madhepura & Ors. ... Respondents
University Law – Regularization – Petitioner, appointed as Night Guard/Peon on 15.09.1985 on a daily-wage basis by the then Principal of M.L.T. College terminated by the University subsequently, though, has been continuing to work till date, praying for his regularization and payment of salary with necessary allowances – Petitioner had continued to discharge the duties of peon since 1985 and his services were also regularized by the University and the orders to this effect dated 8.6.1996 & 4.9.1996 have been passed by the University itself in terms of Government decision – There was no reason for the University to terminate the services of the petitioner without following the principles of natural justice – There is no plausible reason to deny the continuance of the petitioner, which would only prejudice the rights of the petitioner, while the other requirements are very much present in the case which finds support from the enquiry report submitted by the University – State Government had already taken steps for regularization of the petitioner and other similarly situated persons – Respondent Nos. 3 & 5 directed to take final decision in this regard as has been done in the case of similarly situated persons and upon adjudication of the petitioners claim, the benefits that were granted to the other similarly situated persons, shall also be extended to the petitioner – Writ petition allowed. (Paras 17 to 20)
Secretary, State of Karnataka Vs. Umadevi (3), AIR 2006 SC 1806—Relied.
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 was appointed as a Night Guard/Peon on 15.09.1985 on a daily-wage basis by the then Principal of M.L.T. College, Saharsa (formerly Saharsa College, Saharsa), under L.N. Mithila University, Darbhanga. At the time of his appointment, the petitioner possessed educational qualification up to Class VIII only. He began discharging duties as a Class-IV employee from the date of his engagement.
4. It is further submitted that the Additional Commissioner-cum-Special Secretary, Department of Human Resources Development, Government of Bihar, vide Letter No. 894 dated 11.07.1989 (Annexure-1), directed all Vice-Chancellors of Bihar’s universities to prepare and forward a list of non-teaching employees working beyond sanctioned strength for purposes of regularization. Pursuant to this direction, the Principal of Saharsa College, vide letter dated 21.12.1989 (Annexure-2) addressed to the Registrar, L.N. Mithila University, forwarded the petitioner’s name, indicating that he had been working in the College since 15.09.1985 at Rs.300 on monthly basis.
5. Learned counsel next submits that the petitioner was paid daily wages as fixed by L.N. Mithila University for Class-III and Class-IV employees, in accordance with Memo No. 12328-401-C dated 21.12.1990.
6. After the bifurcation of universities in 1992, Saharsa College (now M.L.T. College), being a constituent unit of L.N. Mithila University, came under the jurisdiction of B.N. Mandal University, Madhepura. The petitioner continued to discharge duties as a daily-wage Class-IV employee, and recommendations for approval of his appointment along with others were approved by the University and due communication through the Deputy Registrar, B.N. Mandal University, vide Memo No. 3551-58 dated 30.07.1992 was issued to the Principal, Saharsa College, Saharsa by permitting them to continue in their position as daily wages basis, and thereafter the Registrar, B.N. Mandal University, vide letter dated 19.07.1994 and 06.08.1994, sought the details of such employees, to which consequently, the Principal of Saharsa College, responded vide letter dated 20.12.1995, by forwarding a list of four Class-III and seven Class-IV employees working on daily wages prior to 10.05.1986, along with recommendations for their payment and absorption. Based on these recommendations, the petitioner’s services were regularized as Peon by the University vide Memo No. G/S-7575-86/96 dated 04.09.1996 (Annexure-6), issued under the signature of the Registrar, B.N. Mandal University. The petitioner was accordingly directed to submit his joining, which was duly complied by submitting joining before the Principal on 04.09.1996 (Annexure-7).
7. It has further been argued that respondent no. 3, vide Letter No. 112 dated 18.10.1996, wrote to the Principal of the Col
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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