BRAJ KISHORE TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having heard Mr. Mahesh Narain Parbat, learned Counsel for the Petitioner, Mr. Harendra Prasad Singh, learned Counsel for Kameshwar Singh Sanskrit University, Darbhanga and Mr. Raj Kamal, A.C. to S.C. 20, for the State, as with regard to the following relief:

(2.) The issue is quite simple, inasmuch as the College of the Petitioner, namely, Pandit Bharat Mishra Sanskrit Mahavidyalaya, Salempur, Chapra was an affiliated College of Kameshwar Singh Sanskrit University right from the inception the University came into existence some time in the year 1965-66. It is the case of the Petitioner that the College was given temporary affiliation in the year 1967 and permanent affiliation in the year 1972. The appointment of the Petitioner was made by the governing body of the affiliated College on the post of Library Assistant, a post which was also covered by the staffing pattern for Sanskrit Colleges as would be borne out from the communication of the University dated 30.3.1979 making it as a condition precedent for continuation of the affiliated College by providing 13 posts of teachers and 10 posts of non-teaching employees including that of Library Assistant. As a matter of fact when the College was already selected for its take over by University for its being made a constituent unit of the University with effect from 24th-25th March, 1982 as would appear from the University's letter dated 2nd March, 1982 (Annexure-5), the Registrar of the University had also given provisional approval to the appointment of the Petitioner on the post of Library Assistant with effect from 1.9.1979, the date on which he was appointed on the said post in the College.

(3.) It is true that the said order of the University dated 9.2.1982 could not have made the State Government also liable for payment of salary, inasmuch as it was clarified that the provisional approval of the services of the Petitioner would entail the consequence of payment of salary only after the Government would release funds for payment of salary but then the appointment and continuance of the Petitioner in the said college on the post of Library Assistant till it became a constituent unit of the University is an admitted fact. The University therefore was under obligation to take a decision as with regard to absorption of the Petitioner in terms of Section 4(1)(14) of the Bihar State Universities Act but when such a decision was not taken by the University in the case of the Petitioner he had moved this Court in C.W.J.C. No. 4812/1998 for his absorption and payment of salary against the post of Library Assistant which was disposed of on 8.8.1998 wherein this Court had clearly observed in favour of the Petitioner in following terms: