IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16727 of 2009 1. LALIT KUMAR RAUT S/O SRI RAMBILAS RAUT R/O MOH BARABAZAR, TOWN +P.S.+DISTT- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT GOVERNMENT OF BIHAR,PATNA 3. THE VICE - CHANCELLOR , LALIT NARAYAN MITHILA UNIVERSITY KAMESHWAR NAGAR, DARBHANGA 4. THE REGISTRAR, LNMU KAMESHWAR NAGAR, DARBHANGA 5. THE PRINCIPAL , B.M. COLLEGE RAHIKA, DISTT- MADHUBANI ----------- 4 06/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of the persons who have been recommended by the University for regular service in terms of the notification contained in annexure-7 dated 3.7.1996. The college in question is a constituent college now but the notification indicates that their regularization is subject to the sanction by the State Government in so far as the posts are concerned. Recommendations have been made way back in the year 1997 and even thereafter but the Sate has chosen to remain mum on the issue. Learned counsel for the petitioner submits that - 2 - in light of the observation of the Full Bench in the case of Braj Kishore Singh and others Vs. State of Bihar and others reported in 1997(1) PLJR, 509, there is an obligation on the State to sanction the post, may be post facto, in terms of the staffing pattern and there cannot be a better case in this regard than the case of the petitioner since he has been working in the said college right from inception and also on the date of its taken over. Counter affidavit filed on behalf of the State is very sketchy and does not answer the question which has been raised by the petitioner. In that view of the matter, the Court is left with no option but to dispose of the writ application with a direction upon the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna that if the petitioner files an application with a copy of this order annexing various communications made by the petitioner for grant of post facto approval of the post in question in terms of various letters, a decision in this regard will be taken by him in one way or the other and communicate the outcome thereof to the petitioner as well as the University preferably within a period of three months from the date of filing of such application. - 3 - This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)