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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Akhileshwar Sharma S/o Late Bindeshwar Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
AJIT KUMAR, J.
1. In the instant petition, petitioners have prayed for the following reliefs:-
“That this is an application for issuance of a writ in the nature of Mandamus commanding the respondent University to pay the with held salary of petitioner no one and two from March 2009 as well as pay the arrear of salary and pension to petitioner no. 3 and consider the name of petitioner no. 4 for compassionate appointment in Sri Guru Govind Singh College, Patna City.”
2. Counsel for the petitioner by referring to the order dated 11.05.2016 passed by Justice S.B. Sinha (Retd.) Commission, New Delhi (herein after referred as 'Sinha Commission') on their respective Claim Petition Nos. 573 of 2013 (Akhileshwar Sharma), 576 of 2013 (Manoj Kumar Rajak) & 563 of 2019 (Manmohan Singh), submitted that the learned Justice Sinha Commission after adjudication of all the claims, which were conjointly heard and composite order is said to have been passed, in which Justice Sinha (Retd.) has categorically recorded its findings that there are 06 persons, who were appointed on 26.06.1985, and they are namely, Sri Rajeshwar Prasad, Sri Manoj Kumar Rajak (petitioner), Shri Akhileshwar Sharma, Sri
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
The court found no willful non-compliance of its order regarding the petitioners' absorption, leading to the dismissal of the contempt petitions.
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
The court ruled that the confirmation of a lecturer's absorption in an improper department is illegal, emphasizing the need for adherence to lawful procedures in educational employment.
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