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2025 DIGILAW 163 (PAT)

Sudhir Kumar v. State of Bihar

2025-02-10

PURNENDU SINGH

body2025
ORDER Heard Mr. Sanjay Kumar @ Maurya, learned counsel appearing on behalf of the petitioner; Mr. Tripurari Nath Ambastha, learned AC to SC-26 appearing on behalf of the State and Mr. Bindhyachal Rai, learned counsel for the Bhim Rao Ambedkar Bihar University, Muzaffarpur. 2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:— "i. For a direction to the respondent to release the salary of the petitioner immediately and ensure the payment of salary on a regular monthly basis from hereafter. ii. For a direction to the respondent to clear any outstanding dues or arrears of salary owed to the petitioner of Rs. 3,18,000/-. iii. For a direction to the respondent concerned not to interfere in the discharging the duty of the petitioner iv. To pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice." 3. The petitioner claims that he has been engaged on daily wages as Lab Boy in Psychology Department in Nirshu Narayan College, Singhara, Vaishali, which is affiliated college of Bhim Rao Ambedkar Bihar University, Muzaffarpur. The petitioner is aggrieved that he was engaged in the year 2015 and he is continuing to work on daily wages and seeks to be regularized on permanent basis. 4. Considering the aforesaid grievance of the petitioner and taking into consideration that the aforesaid college is affiliated by the State Government, the Additional Chief Secretary, Education Department, Government of Bihar, is directed call for the particulars relating to the petitioner from the Managing Committee of the aforesaid Institution, which is headed by S.D.O. and examine the grievance of the petitioner and if it is found that the post of Lab Boy is required to be filled on permanent basis, then considering the recent law laid down by the Apex Court in the case of Jaggo vs. Union of India & Ors. (SLP (C) No. 5580 of 2024) [2025 (1) BLJ 250 (SC)] and Shripal & Anr. vs. Nagar Nigam, Ghaziabad (Civil Appeal Nos. 8158-8179 of 2024), redress the grievance of the petitioner by directing the competent authority, expeditiously, in accordance with law. 5. (SLP (C) No. 5580 of 2024) [2025 (1) BLJ 250 (SC)] and Shripal & Anr. vs. Nagar Nigam, Ghaziabad (Civil Appeal Nos. 8158-8179 of 2024), redress the grievance of the petitioner by directing the competent authority, expeditiously, in accordance with law. 5. The Managing Committee of the Institution is directed to release any due amount, which is required to be paid to the petitioner for any period during which, the work has been taken from him on daily basis, within a period of three weeks from the date of communication of this order. 6. The aforesaid institution is an affiliated unit but no information has been given in the writ petition whether it is affiliated for the present academic session or the affiliation has been continued on the basis of any inspection held before granting affiliation. 7. The State must restrain from allowing such institution to run, which don't have any permanent employee. 8. With aforesaid observation(s)/direction(s), the present writ petition is disposed of.