SHAMBHU MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was preferred by petitioners for regularisation of their services/to absorb them against class -IV posts in the light of agreement and decision dated 26.4.1989 and 10.5.1991 respectively.

(2.) THE brief fact of the case shows that the petitioners are working as class -IV in Gopalganj College, Gopalganj, a constituent college of J.P. University. The posts in accordance with staffing pattern were approved on 14.1.1980 as amended on 12.2.1983. In terms with such staffing pattern, a number of class -IV posts deemed to be sanctioned for the college in view of Full Bench decision in the case of Braj Kishore Singh vs. State of Bihar (1997 (1) PLJR 509). According to petitioners, they having appointed after following the procedure by the Principal of the college, are working and performing duties of class -IV posts since their appointment. They claimed to be entitled for regularisation of their services/absorption in terms with College Employees Federation agreement with State Government dated 26.4.1989 and resolution of the State Government dated 10.5.1991. It is stated that the Principal of the college submitted a list of non -teaching employees as back as on 3.9.1989 followed by other list submitted which includes the names of petitioners but no step has been taken for regularisation of services of petitioners/their absorption. Reliance also made on one or other decision of this Court as also the decision of the Supreme Court dated 25.9.1991 passed in writ petition (Civil) no. 409/91. It appears that the college was established in the year 1956 and then made a constituent unit of the then Bihar University on 28.2.1976 which was subsequently carved out and placed (since the end of the year 1992) under the respondent J.P. University, Chapra. While petitioners, Jagannath Thakur, and Hira Harijan were appointed on 1.4.1979, petitioners, Shambhu Mishra, Ram Sagar Choubey, Kamal Ram, Swaminath Yadav, Harendra Tiwari, Bholanath Pandey, Nagendra Ojha, Hridyanand Tiwari, Dinesh Prasad, Kedar Mishra, Yadunandan Yadav and Vijendra Pandey were appointed on 4.6.1982. The petitioners, Binod Kumar Mishra and Manoj Kumar Sharma while appointed on 5.6.1983, rest of the petitioners, Ranjan Kumar Singh, Raman Kumar, Satendra Kumar Pandey, Smt. Asha Mishra, Rajdeo Ram and Laxman Ram were appointed on 28.8.1985. All such appointments were made by the Principal of Gopalganj College, Gopalganj (College for short).

(3.) SAME question fell for consideration before this Court in the case of Ashok Kumar vs. State of Bihar and ors. (C.W.J.C. no. 882/98) and analogous case, wherein by decision dated 19.5.2000 the Court took into consideration that the Principal of the colleges were delegated with the power to make appointment vide University 's order dated 28.6.1977, which power existed till 28.6.1979 when such power was withdrawn. In the aforesaid circumstances, the appointment of petitioners, Jagannath Thakur and Hira Harijan having made on 1.4.1979, cannot be held to be void, Principal of the college having such jurisdiction. In the case of Ashok Kumar (supra), the court took into consideration that most of the petitioners of the analogous cases (Harendra Prasad Yadav & ors. C.W.J.C. no. 834/99) were working since 18 to 23 years, after due advertisement and selection. In the aforesaid circumstances, for equitable justice, the Court directed the respondents to regularise thier service.