1 IN THE HIGH COURT OF JUDICATURE AT PATNA L.P.A No. 147 OF 2011 RAM BILAS MAHTO, S/O KAMAL MAHTO, VILLAGE-HARPUR,PUSA,P.S.-PUSA, DISTRICT- SAMASTIPUR, PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT (UNSKILLED CATEGORY) AT NEW AREA FARM/PUSA FARM, PUSA, R.A.U., PUSA, SAMASTIPUR, BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. with L.P.A NO. 196 OF 2011. MANOHAR RAI, AGED ABOUT 47 YEARS, S/O LATE MUNESHWAR RAI, R/O VILLAGE-HARPUR PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR PRESENTLY EMPLOYED AND WORKING ON THE POST OF TUBEWELL OPERATOR IN HIGHLY SKILLED CATEGORY AT BIRAULI FARM, BIRAUL (SAMASTIPUR). ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTUREUNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 197 OF 2011. RAJ NARAYAN RAI, S/O DAROGI RAI, R/O VILLAGE-SIMRI GOPAL, P.S.-CHAK MEHSI, DISTRICT-SAMASTIPUR. 2 PRESENTLY EMPLOYED AND WORKING ON THE POST OF 10 ATTENDANT AT CATTLE FARM PUSA, R.A.U., PUSA,SAMASTIPUR, BIHAR. ………………PETITIONER/PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 198 OF 2011. BAL CHAND RAM, AGED ABOUT 50 YEARS, S/O LATE DHORA RAM, R/O VILLAGE-SIMRI GOPAL, P.S.-CHAK MEHSI, DISTRICT-SAMASTIPUR AT PRESENTLY PLOUGHMAN IN CATTLE FARM PUSA, R.A.U., PUSA, SAMASTIPUR. …………………PETITIONER/PETITOINER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 199 OF 2011. RAM SWARATHA MAHTO, S/O SUKHLAL MAHTO, R/O VILLAGE-HARPUR PUSA, P.S.-PUSA, DISTRICT SAMASTIPUR PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT AT NEW AREA FARM/PUSA FARM,R.A.U., PUSA, SAMASTIPUR, BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 3 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 202 OF 2011. TEJ NARAYAN RAI, S/O LATE DORIK RAI, R/O VILLAGE HARPUR, PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT IN CATTLE FARM, PUSA, R.A.U., PUSA, SAMASTIPUR, BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR, PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 203 OF 2011. NANHAKI PASWAN, S/O LATE SUKHLAL PASWAN, R/O VILLAGE-BISANPUR BIRAULI, P.S.-PUSA, DISTRICT- 14 SAMASTIPUR. AT PRESENTLY POSTED AS ATTENDANT, NEW AREA FARM (PUSA FARM) R.A.U., SAMASTIPUR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. 4 ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 190 OF 2011. ASHOK KUMAR SINGH @ ASHOK KUMAR, S/O RAMESHWAR SINGH, R/O VILLAGE-MORSAND, P.S.-PUSA, DISTRICT SAMASTIPUR. AT PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT (UNSKILLED CATEGORY) AT BIRAULI FARM, BIRAULI (SAMASTIPUR). ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 179 OF 2011. RAMU SAHANI, S/O LATE DHEDHI SAHNI, R/O VILLAGE BISHANPUR, P.S.-SAKARA, DISTRICT-MUZAFFARPUR,PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT IN DEPARTMENT OF AGROHOMY, PUSA FARMA,PUSA, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR, BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. …………RESPONDENTS/RESPONDENTS. With L.P.A NO. 249 OF 2011. MITHILESH KUMAR CHOUDHARY, S/O LATE MUNI LAL, R/O VILLAGE-MAIDAPUR CHHAPARA, P.S.-PUSA, DISTRICTSAMASTIPUR,PRESENTLY EMPLOYED AND WORKING ON THE POST OF 5 FITTER/MECHANIC AT CENTRAL WORKSHOP, PUSA,RAJENDRA AGRICULTURE UNIVERSITY, PUSA,SAMASTIPUR,BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 268 OF 2011. RAM SWARUP RAI, S/O LATE JAYA RAI, R/O VILLAGE HARPUR, PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF CHOWKIDAR AT COLLEGE OF HOME SCIENCE, PUSA, RAU,PUSA, SAMASTIPUR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 250 OF 2011. CHANDRA SHEKHAR PASWAN, S/O BHAGWAT PASWAN, R/O VILLAGE-PUSA BHARAO, P.S.- PUSA, DISTRICTSAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF CATTLE ATTENDANT IN CATTLE FARM PUSA, R.A.U. (PUSA) SAMASTIPUR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 6 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 182 OF 2011. BASHISHTHA PASWAN, S/O LATE FEKU PASWAN, R/O VILLAGE-BISHANPUR BIRAULI, P.S.- PUSA, DISTRICT SAMASTIPUR, PRESENTLY CHOWKIDAR AT NEW AREA FARM, PUSA, SAMASTIPUR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 172 OF 2011. CHANDESHWAR SAHNI, S/O LATE MUNESHWAR SAHNI, R/O VILLAGE-BAKHTIYARPUR, P.S.- KALYANPUR, DISTRICT SAMASTIPUR PRESENTLY GWALA AT CATTLE FARM, PUSA, SAMASTIPUR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. 7 With L.P.A NO. 189 OF 2011. RAM BILAS MAHTO, S/O HARIHAR MAHTO, R/O VILLAGE CHAKRABE, MANIYARI, P.S.-SAKARA, DISTRICT MUZAFFARPUR, PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT AT DEPARTMENT OF SOIL SCIENCE,R.A.U., PUSA (UNSKILLED CATEGORY) R.A.U., PUSA, SAMASTIPUR, BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 185 OF 2011. RAJ NARAYAN THAKUR, S/O SURYA DEO PD. THAKUR, R/O VILLAGE-DHOBGAMA, P.S.-PUSA, DISTRICT-SAMASTIPUR. PRESENLTY EMPLOYED AND WORKING ON THE POST OF CHOWKIDAR AT PUSA FARM/SECURITY WING, R.A.U., SAMASTIPUR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 169 OF 2011. GANOUR RAUT, S/O GARBHU RAUT, R/O VILLAGE-BIRAULI, KHURD, P.S.-PUSA, DISTRICT-SAMASTIPUR. 8 PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT AT BIRAULI FARM, BIRAULI. ……………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 212 OF 2011. BHOLA MAHTO, S/O LATE GANESHI MAHTO, R/O VILLAGE HARPUR, PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR PRESENTLY EMPLOYED AND WORKING ON THE POST OF CHOWKIDAR AT NEW AREA FARM, PUSA, R.A.U., PUSA,SAMASTIPUR, BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 194 OF 2011. RAJENDRA GIRI, S/O NAND LAL GIRI, R/O VILLAGE MORSAND,P.S.-PUSA, DISTRICT- SAMASTIPUR AT PRESENTLY POSTED AS ATTENDANT AT BIRAULI FARM, BIRAULI, SAMASTIPUR (R.A.U.). ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 9 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 280 OF 2011. SHANKAR RAUT, S/O MUNESHWAR RAUT, R/O VILLAGE BIRAULI, P.S.-PUSA, DISTRICT- SAMASTIPUR. PRESENLTY EMPLOYED AND WORKING ON THE POST OF ATTENDANT AT BIRAULI FARM, BIRAULI, SAMASTIPUR. …………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR, PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 299 OF 2011. RAGHUNATH SINGH, S/O RAMRAJI SINGH, R/O VILLAGE BISHUNPUR, BAKHARI, P.S.-SAKARA, DISTRICT MUZAFFARPUR, PRESENTLY WORKING AS SKILLED LABOUR IN THE DEPARTMENT OF AGRONOMY AT R.A.U., PUSA,SAMASTIPUR,BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 10 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 186 OF 2011. YOGENDRA MAHTO, S/O LATE ASHARFI MAHTO, R/O VILLAGE-HARPUR PUSA, P.S.-PUSA, DISTRICT SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF CHOWKIDAR AT NEW AREA FARM, PUSA, R.A.U.,PUSA, SAMASTIPUR, BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR, PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 187 OF 2011. BAIDYA NATH RAI, S/O RAMDEO RAI, R/O VILLAGE HARPUR, PUSA, P.S.-PUSA, DISTRICT-SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF MALI AT KITCHEN GARDEN (HARTICULTURE) PUSA (RAU),SAMASTIPUR. ……………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 207 OF 2011. RAJDEO RAI, S/O MISHRI LAL RAI, R/O VILLAGE-MURA HARLOCHANPUR, P.S.-SAKRA DISTRICT-MUZAFFARPUR, PRESENLTY EMPLOYED 11 AND WORKING ON THE POST OF ATTENDANT(UNSKILLED CATEGORY) AT DEPARTMENT OF SOIL SCIENCE, R.A.U., PUSA. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, OLD SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 248 OF 2011. BAIDYA NATH RAI, S/O LATE RAMASHISH RAI, R/O VILLAGE-BISHANPUR BAKHARI, P.S.- SAKARA, DISTRICT MUZAFFARPUR. AT PRESENLTY POSTED AS ATTENDANT IN CATTLE FARM, PUSA (R.A.U.) SAMASTIPUR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 180 OF 2011. RAM LAL BAITHA, S/O LATE MUNSHI BAITHA, R/O VILLAGE-SIMRIGOPAL, P.S.-CHAK MEHSI, DISTRICT SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF CHOWKIDAR IN CATTLE FARM, PUSA, R.A.U.,PUSA, SAMASTIPUR, BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 12 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 181 OF 2011. YOGENDRA RAUT, S/O GARBHU RAUT, R/O VILLAGE BIRAULI, KHURD, P.S.-PUSA, DISTRICT-SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF ATTENDANT AT BIRAULI FARM, BIRAULI (UNSKILLED CATEGORY), R.A.U., PUSA, SAMASTIPUR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. With L.P.A NO. 263 OF 2011. TRIVENI CHOUDHARY, S/O LATE DASAI CHOUDHARY, R/O VILLAGE-GORAI BALHA, P.S.-MEHSI, DISTRICT SAMASTIPUR. PRESENTLY EMPLOYED AND WORKING ON THE POST OF PLOUGHMAN CATTLE FARM, PUSA, R.A.U., PUSA,SAMASTIPUR, BIHAR. …………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 13 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A NO. 174 OF 2011. RAM NARAYAN CHOUDHARY, S/O LATE RAM BUJHAWAN CHOUDHARY, R/O VILLAGE- MAHAMADA, P.S.-PUSA, DISTRICT-SAMASTIPUR PRESENTLY POSTED/EMPLOYED AND WORKING ON THE POST OF FITTER IN THE COLEGE OF AGRICULTURE ENGINEERING, PUSA, R.A.U., PUSA,SAMASTIPUR,BIHAR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA,SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. WITH L.P.A. NO. 206 OF 2011 HARI CHARAN MAHTO, AGED ABOUT 50 YEARS, S/O KARI MAHTO, VILLAGE-HARPUR PUSA, P.S.-PUSA, DISTRICT SAMASTIPUR. PRESENTLY POSTED AS ATTENDANT, NEW AREA FARM/PUSA FARM, SAMASTIPUR. ………………PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY,DEPARTMENT OF AGRICULTURE, SECRETARIATE, BIHAR,PATNA. 2. THE VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RAJENDRA AGRICULTURE UNIVERSITY, THROUGH THE REGISTRAR, R.A.U. PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, R.A.U PUSA, SAMASTIPUR. ………………RESPONDENTS/RESPONDENTS. ----------- 14 For the Appellants: Mr.Anshu Dhar Sharma, Adv. For the R.A.U. : M/s D.K.Sinha, Sr.Adv., Mr.Dr.A.K.Updhya, Mr.Chandra Mohan Singh, Mr.Prakash Mahto and Mr.Samir Kumar Sinha, Advocates. For the State : Mr.Lala S.N.Rais, AC to G.P-6, Mr. Bhuneshwar Pandey A.C to G.A- 8, Mr. Sharmeshwar Kumar Singh A.C to G.P-12, Mr. Uday Shankar Singh A.C to G.A-2, Mrs. Hansa Jha A.C to S.C-17, Mrs. Archana Prasad A.C to G.P-19, Mr. S.D Sanjay A.A.G 12, Mr. R.R Tiwari A.C to A.A.G 12, Mrs. Rani Kumari A.C to G.A 2, Mr. Rikesh Sinha A.C to A.A.G 10, Mrs. Meera Singh A.C to S.C 13, Mr. J.S Arora S.C 6, Mr. Rahi Haider A.C to G.A.6, Mr. Prashant Pratap, Advocate. ---------------- 03/ 15.03.2011 The batch of cases arise out of the order passed by the learned Single Judge in C.W.J.C No. 16851 of 2007 dated 28.10.2010. The main grievance of the appellants is that their cases have not been considered for regularization by the University in spite of the order passed by the Apex Court in S.L.P NO. 18594 of 1994 dated 18.02.1998, where the Apex Court had directed the University to consider the cases of the casual workers and the vacancies of 35 per cent and it has been opined that the balance of 65 per cent casual workers who have not been regularized 15 within 35 per cent quota can be considered for the balance 65 per cent if an advertisement is made. Accordingly, the process of regularization was started in the year 2000. It has been contended before the learned Single Judge that some of the petitioners who are party of the said L.P.A have been regularized but however, the regularization has been made as per the guidelines indicated in the said S.L.P order. The learned Single Judge has not accepted the contention of the learned counsel for the appellants and has directed the University to consider the cases of the appellants with balance 65 per cent as these posts were advertised. However, in appeal it has been contended by the learned counsel for the appellants before us that in spite of the order of the University their services were not regularized, and as in the order of the Apex Court it had indicated that the casual employees who 16 had completed 15 years of service had to be regularized but most of the appellants have completed more than 20 years and their cases have not been considered by the University. I.A No. 3673 of 2008 had been filed in C.W.J.C No. 16851 of 2007 indicating that an advertisement no. 4 of 2008 dated 21.04.2008 followed by advertisement no. 5 of 2008 dated 24.04.2008 had been questioned with a prayer for quashing the said advertisement on the ground that the appellants have to be considered as per the guidelines of the Supreme Court passed in S.L.P of 18594 of 1994 dated 18.02.1998 by giving the age relaxation as most of the appellants have crossed the age of 50 years but taking note of the said fact the learned Single Judge however has directed that the appellants in pursuance of the advertisement of 65 per cent quota have to be considered in accordance with their eligibility. Learned counsel for the appellants has contended that the 17 process of selection which was also in pursuance of advertisement no. 2 of 2008 as indicated by the learned Single Judge in the order followed by 04 of 2008 and 05 of 2008 has not been completed and the appellants cases have to be considered in accordance with the guidelines indicated by the Apex Court. A counter affidavit has been filed by the University before the learned Single Judge stating in paragraph 6 to 8 as follows: “That the University in compliance of the order of the Hon’ble Apex Court regularized/observed altogether 173 casual employees, who have completed 15 years as casual employee. As against 65 per cent remaining vacancies total 337 casual employees were appointed as per the direction of the Apex Court in S.L.P (C)18594/1994 & analogous cases. That in the second phase 29 casual 18 employees were absorved in the Service of the University where as the matter with regard to appointment of casual employees against the 65% open vacancies is under consideration and no appointment have been made till date. The University has invited application for appointment on various categories of Class III and IV posts, due to unavoidable reason appointment have not been made That the case of the petitioner is to be considered for appointment against 65% vacancies by way of open advertisement with age relaxation and 2 marks for each completed year subject to maximum 30 marks. The University will consider his case as per the guideline of the Apex Court in S.L.P.(C) No. 18598/1994 and analogous cases. That the petitioner can not claim 19 absorption in view of the Apex Court Judgment and at the highest he is entitled to consideration of his case for regular appointment and benefit of age relaxation and weightage for experience. That the University assure fair treatment to the petitioner in the selection against the 65% open quota. It is now well settled that regularization is not mode of appointment and as such the petitioner can not claim for appointment by way of regularization." In view of the aforementioned stand of the University and the admitted fact that the appellants have applied for rest of the 65 per cent quota in pursuance of advertisement no. 2 of 2008 and 4 of 2008 followed by advertisement no. 5 of 2008, it would suffice that a direction is given to the University to consider the cases of 20 the appellants as per guidelines indicated in S.L.P No. 18594 of 1994. In a recent judgment in the case of State of Karnataka and Ors. vs M.L. Kesari & ors reported in (2010) 9 SCC 247, the Apex Court had an occasion to deal with the regularization of casual workers/daily wager/adhoc employee wherein it was held as follows:- “The term “one- time” has to be understood in its proper perspective. This would normally mean that after the decision in Umadevi(3), each department or each instrumentality should undertake a one-time exercise and prepare a list of all casual, daily- wage or ad hoc employees who have been working for more than ten years without the intervention of courts and tribunals and subject them to a process verification as to whether they are working against vacant posts and possess the requisite 21 qualification for the post and if so, regularize their services.” In view of the latest judgment of the Apex Court, as reported above it would suffice that a direction is given to the University to follow the order of Apex Court dated 18.02.1998 in the light of the directions indicated in the cited judgment(supra) with reference to the appellants herein as expeditiously as possible preferably within a period of 6 months. In the result, the order of the learned Single Judge is modified to the extent indicated above and all the L.P.As. are accordingly disposed of. Ranjan/ Surendra (T. Meena Kumari,J) (Mihir Kumar Jha,J) 22