The effective date for service benefits must align with initial appointments as stated in Section 57A(6) of the Bihar State Universities Act, 1976.

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

9 02-12-2025 Heard Mr. Baidyanath Thakur, learned counsel for the petitioner, Mr. Manoj Kumar Singh, learned counsel for the Lalit Narayan Mithila University, Darbhanga and learned counsel representing Respondent No.4/ R.B.S. College, Teyai, Teghra, Begusarai.

2. The present writ petition has been preferred for the following relief(s):-

“(i) For quashing the official order dated 27.06.2020 passed by the Registrar of the Lalit Narayan Mithila University, Darbhanga (Respondent 3) whereby the effective date of valid and legal entitlement of service of the petitioners was held to be on and from 12.03.2017 when the Governing Body of the RBS College, Teyai, Teghra, Begusarai accepted the recommendation of the Selection Committee in its meeting held on that day itself instead of earlier appropriate date. Further, a writ of Mandamus be issued;- (ii) For direction to the Vice Chancellor of L N Mithila University, Darbhnaga to absorb the services of the petitioners with effect from the dates of their initial appointments with all consequential benefits.

Further any other order(s) may be passed, direction(s) given or reliefs granted to the petitioner which he is entitled to in the facts and circumstances of the case.”

3. Learned counsel for the petitioners submits that the Governing Body of the College by taking a conscious decision had appointed these petitioners, namely, Md. Nazrul Islam, whose appointment was made in Commerce subject on 16.12.1981, Devendra Kumar Roy, whose appointment was made in Economics subject on 12.02.1980 and Md. Mansoor Azm was appointed in Sociology subject on 12.02.1980. But the Registrar of the University vide Letter no. C/IC/27860-62/20 dated 27.06.2020 intimated the date of absorption and instead making absorption from the date of their respective appointments, has shown compliance of the order dated 21.01.2020 passed in CWJC No. 21501 of 2019 (Md. Nazrul Islam & Ors. v. LNMU & Ors) by accepting the recommendation of the Selection Committee in its meeting held on 12.03.2017 and accordingly, the date of meeting held on 12.03.2017 have been made effective date for entitlement to service benefits in respect of these petitioners and no reason has been assigned as to why such dates is fixed for determining the rights of these petitioners.

4. Learned counsel for the petitioners by referring to the provisions of Section 57A(6) of the Bihar State Universities Act, 1976 (amended up-to-date) submits that a teacher appointed by the Governing Body of the College prior to 19.04.2007 against the sanctioned post was to be regularized from the date of initial appointment but by misconstruing the provision of Section 57A of the Bihar State Universities Act, 1976 (amended up-to-date) has accepted the date on which the recommendation was made by the Selection Committee, which is contrary to the statute and for that the petitioners are said to have represented before the Registrar giving details of their entitlement, which needs to be considered by the University keeping in mind that these petitioners were duly appointed under Rule 14(iii) of the 1^st Statute, which is very relevant for considering the absorption of such teachers by making it effective from the date of their initial appointments, which has not been done in the case of these petitioners.

5. Learned counsel for the petitioners by referring to Annexures 7, 11 and 12 submits that in the case of similarly situated persons, the absorption has been directed from the date of initial appointment but for unexplained reason these petitioners have been discriminated, which the authorities are required to take cor