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2021 Supreme(Jhk) 853

S.N.PATHAK
Brij Kumar Mishra – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: M/s Neeraj Shekhar & Saukat Eqbal.
For the Respondents: Mr. Suraj Prakash, AC to G.P.-I, M/s Dr. A.K. Singh, & Akashdeep.

JUDGMENT :

1. Heard the parties.

2. The petitioner has approached this Court for quashing the Notification contained in Memo No. 317/05 dated 5.8.2005 (Annexure-5), whereby the service of the petitioner has been absorbed with effect from 01.06.2003, instead of 5.12.1987 being the date, when the petitioner attained his eligibility, as per recommendation of Justice S.C. Agrawal Committee.

Factual Matrix

3. The facts of the case are short and not much in dispute. The petitioner was appointed and joined the post of Lecturer in Hindi Department on 22.2.1986 in S.N.J.S.N. College, Garhwa under the jurisdiction of Ranchi University (now Nilamber and Pitamber University, Palamau).

4. The dispute relating to absorption of teaching employees of the colleges, consequent upon their conversation into constituted units in 4th phase, had traveled up to the Supreme Court of India. A one Man Committee was formed under the orders of the Supreme Court, headed by Justice S.C. Agrawal (a retired Judge of the Supreme Court), who had made certain recommendations, which were accepted by the Supreme Court in the case of State of Bihar & Ors. Vs. Bihar Rajya MSESKK Mahasangh & Ors., reported in 2005 (1) PLJR 464

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