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has been annexed as Annexure-12 to this writ petition.

14. Learned Senior Counsel has taken this Court to S.L.P. No. 9234-9237 of 2014 having been filed before the Hon'ble Apex Court against an order and judgment dated 06/01/2014 passed in one C.W.J.C. No. 7644/2013 and other analogous cases in relation to the matter of status of redesignated Demonstrators working in the services of different universities within the State of Bihar and the petitioner having been redesignated as Demonstrator in the Department of Physics in the services of the University also filed one intervention application before the Hon'ble Apex Court in the said S.L.P. and the said intervention application was allowed. Upon intervention application having been allowed and the intimation to this effect have been placed before the authorities concerned, requesting them not to revert back the persons redesignated as demonstrator from the post that they were occupying was considered by the authority, owing to the matter being sub- judice before Hon'ble Apex Court for further deliberations. Patna High Court CWJC No.4730 of 2020 dt.25-08-2025

(Emphasis supplied by undersigned)

35. Learned Senior Counsel has pointed out that the said judgment rendered by the Hon'ble Division Bench of Patna High Court in LPA No. 619 of 2018 was challenged by J.P. University & Ors by filing Special Leave to Appeal © No. 29162 of 20169, which was dismissed by Hon'ble Apex Court vide order dated 09.09.2022.

36. Upon careful consideration, this Court is of the view that the appointment of the petitioner was within the staffing pattern and the payments were also being made to the petitioner by taking a conscious decision and further in view of certain judicial pronouncement as referred above, the redesignation of the post of Demonstrator was also ensured and the Notification of re-designation was also approved by the Patna High Court CWJC No.4730 of 2020 dt.25-08-2025 State Government and further pay fixation recommendation to the Government in the name of this petitioner was also done and was recognized by extending the said benefits, which would be apparent from the documents appended by the petitioner of the instant writ petition.

37. From the materials available on record, it is apparent that the State Government recognized the staffing pattern of the institution and particularly with regard to the laboratory staff working in the colleges by informing the Accountant General for making payments to them appointed on the basis of said pattern by redesignating him on the post of Demonstrator.

38. The stand of the University as well as the State Government that the petitioner was not appointed after due process of law and issuance of advertisement and his appointment is not in conformity with law and further argument on their behalf that any relief relating to the redesignation on the post of demonstrator is inadmissible as there was no sanctioned post approved by the State Government, is not tenable as the same is in the teeth of judgment rendered in the case of State of Bihar and others vs. Abdus Salam (CWJC No. 2002 of 2010), which is passed relying upon two earlier full Bench decisions in Patna High Court CWJC No.4730 of 2020 dt.25-08-2025 the case of Braj Kishore Singh v. State of Bihar reported in 1997(1) PLJR 509 and again in the same case Braj Kishore Singh v. State of Bihar reported in 2004(3) PLJR 668.

42. In such view of the matter, the University is estopped by its own conduct displayed throughout, by recognizing the service of the petitioner under staffing pattern, by granting appropriate pay scale and redesignating him on the post of Demonstrator in the light of orders passed by the Hon'ble Court from time to time. The attempts having been made to dispute the bona fide claim of the petitioner by keeping the petitioner suspended by issuing show cause is in the teeth of the dictum of Hon'ble full Bench of Patna High Court and further issues having been put at rest at the level of Hon'ble Apex Court, is highly deprecated.