UMA SHANKAR VERMA Vs. BIRSA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) We have heard learned Counsel for the parties.

(2.) This appeal is directed against the order dated 16.8.1999 passed in CWJC No. 545 of 1998 (R) whereby and whereunder the learned Single Judge of this Court dismissed the writ application of the writ petitioner-appellant holding that the appointment of the appellant was irregular and against the mandates of of inasmuch as that the appointment of the appellant was made on the basis of stop-gap arrangement and not in pursuance of the advertisement. However, the learned Single Judge of this Court directed the respondents to fill up the posts of Medical Officers on regular basis pursuant to advertisement No. 1/97, if not yet filled up, immediately and if the petitioner has applied in pursuance of the said advertisement No. 1/97, his ease be considered along with others and due relaxation of age shall be allowed to the petitioner as he continued for about nine years under the University. It was further directed that till such regular appointment is made pursuant to advertisement No. 1/97, the writ petitioner will continue to function by way of stop-gap arrangement as ordered by the University.

(3.) From the pleading of the writ petitioner-appellant, it appears that pursuant to the advertisement No. 4/85, the appellant along with several other persons applied for and the respondent-University issued an interview letter on 18.12.89 to the appellant and the date of interview was fixed on 3.1.1990 at 11 a.m. where the appellant appeared before the interview board and he joined the post on 8.11.90 and thereafter, the appellant approached the respondent to fix the scale at par with the Civil Assistant Surgeon of the State of Bihar in terms of the advertisement No. 4/85 and vide notification dated 8.2.94, the scale of the appellant was fixed with effect from 8.11.1990 from the date of the joining on the pay-scale of Rs. 2,425.00 to Rs. 4,000 plus other admissible allowances subject to approval of Board of Management of the respondent-University and thereafter, the appellant was paid his regular scale. Increments, etc. were also given to the appellant vide office order dated 21.1.1995 from the date of the joining till 1994. In the meantime, the respondents issued an office order dated 2.5.1995 cancelling the appointment of the appellant. The appellant, however, represented the matter before the respondents-authorities and the Vice-Chancellor, vide his letter dated 10.12.1995 withdrew the letter No. 244 dated 2.5.1995 and thus the appellant continued in the service. An inquiry committee, thereafter, was set up duly constituted by the Vice-Chancellor with regard to cancellation of the appointment of the appellant and the inquiry committee came to the conclusion that order dated 2.5.1995 issued by the University was an illegal order. However, again order dated 10.12.1995 was cancelled vide order dated 13.6.1996 restoring the order of cancellation of appointment of appellant dated 2.5.1995 giving rise to the writ application.