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2014 DIGILAW 756 (PAT)

Ajit Kumar Singh v. State Of Bihar through Principal Secretary Higher Secondary Patna, Bihar

2014-07-09

CHAKRADHARI SHARAN SINGH

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ORDER 1. Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State of Bihar as well as learned counsel for the Magadh University, Bodh-Gaya. 2. The present writ application was filed in the year 2011 seeking a direction not to shift the date of petitioner’s appointment from 11.03.1978 to 01.01.1981, which decision was said to have been taken in terms of an order dated 09.05.2009 issued by the Magadh University, Bodh-Gaya in compliance of the orders passed by this Court in C.W.J.C. No. 5859 of 1996 and L.P.A. No. 1495 of 2001 and other matters. A supplementary affidavit has been filed by the petitioner bringing on record a letter dated 17.03.2001 in support of the plea that the State Government after verification had already fixed the petitioner’s date of appointment as 11.03.1978. 3. Learned counsel for the petitioner submits that thereafter the Respondents should not have re-opened the matter. It has been submitted on behalf of the petitioner that on the basis of such fixation done by the State of Bihar itself, he has been receiving salary and allowances etc. treating his date of appointment to be 11.03.1978. Along with the said supplementary affidavit, a letter was issued vide Memo No. 1402 dated 20.03.2014 has also been brought on record by the petitioner issued by Education Department, Government of Bihar, seeking certain informations and documents from the Registrar, Magadh University, Bodh-Gaya for the purpose of verification of petitioner’s service and fixation of his pay etc. in terms of the order of this Court passed in C.W.J.C. No. 5859 of 1996. 4. Learned counsel for the University has submitted that the disputes arising out of the order passed in C.W.J.C. No. 5859 of 1996 have been referred to One Member Committee headed by Hon’ble Mr. Justice S.N. Jha. He has produced before me an order of this Court dated 18.03.2013 passed in C.W.J.C. No. 10032 of 2009 in support of his submission that similar matters have been referred to the Committee headed by Mr. Justice S.N. Jha. 5. From the rival submissions, it is evident that so far, a final decision has not been taken shifting the petitioner’s effective date of appointment to 01.01.1981 as would be evident from the letter dated 20.03.2014. Justice S.N. Jha. 5. From the rival submissions, it is evident that so far, a final decision has not been taken shifting the petitioner’s effective date of appointment to 01.01.1981 as would be evident from the letter dated 20.03.2014. Accordingly, the matter is disposed of with a liberty to the petitioner to approach the S.N. Jha Committee, if he feels aggrieved by any action of the Respondents, in connection with shifting of his effective date of appointment to any date other than the one claimed by him i.e. 11.03.1978. 6. This application is disposed of accordingly.