IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18317 of 2009 1. ASHOK KUMAR S/O LATE LAXMI PRASAD SAH R/O SADHU, P.O. TULSIBARI, P.S. MADHIPURA, DISTT.- MADHEPURA Versus 1. THE STATE OF BIHAR 2. THE HON'BLE CHANCELLOR, RAJ BHAWAN, BIHAR, PATNA 3. THE B.N.MANDAL UNIVERSITY, THROUGH ITS REGISTRAR, LALU NAGAR, MADHEPURA 4. THE REGISTRAR, B.N.MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA, BIHAR 5. THE VICE CHANCELLOR, B.N.MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA, BIHAR ----------- 02/ 23.04.2010 Heard counsel for the petitioner and the counsels appearing for B.N. Mandal University, Chancellor as well as the State. Petitioner’s prayer is for a direction to the respondents-authorities to regularize his service against Class IV post. His grievance is that since 1992 continuously he is working as daily wagers. It has also been submitted that initially considering the necessity of staff 60 persons like the petitioner were allowed to discharge duties as daily wagers. Out of 60 persons, 19 persons even though not regularized, are discharging their duties and receiving salary. So far petitioner is concerned, he was restrained from discharging his duties. This act of respondents had been assailed by the petitioner as discriminatory as the - 2 - University and its authorities are not taking any steps for regularization of the petitioner. Even resolution of Senate for sending recommendation to the State Govt. for sanction of the posts for regularization of service of persons like petitioner, is not being considered by the University. Counsel for the petitioner submits that earlier similarly situated persons had filed appeal before the Chancellor, and it was disposed of giving direction to the University for sending the proposal to government, seeking sanction of the post. Till date nothing has been done by the University. Petitioner has also filed an appeal before the Chancellor, which is still pending. Counsel for the petitioner submits that appeal is not being disposed due to non-cooperation of the University, as despite several reminders sent from the office of the Chancellor, the University is neither submitting the relevant records, nor has taken any action. The University has not even sent any information to the Chancellor’s office, in this regard. Considering the earlier order passed by the - 3 - Chancellor in the similar matter and also that appeal preferred by the petitioner is pending before the Chancellor, this application is being disposed of giving direction to the office of the Chancellor for disposing of the pending appeal of the petitioner. The authorities of University are also directed to cooperate so that pending appeal of the petitioner be disposed of as early as possible. DKS/ (Mridula Mishra, J.)