MANDAL, S/O SRI SNUB LAL MANDAL Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT.OF BIHAR, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner and Mr. Ghosh appearing for the University with able assistance of Mr. Keshri.

(2.) The Non-Teaching Employees Association of Bhagalpur National College and its pffice bearers have filed this writ application raising a very limited grievance.

(3.) Learned Senior Counsel for the petitioners points out that by Annexure-1 the services of non-teaching employees of the College were regularized by the University 'with immediate effect' on the posts sanctioned and deemed sanctioned in terms of some Government letters. The grievance is that once the College was taken over as a constituent unit of the University the employees who were found eligible for regularization required to be regularized from the date of take over of the College with all consequential benefits. It is submitted that in terms of the Full Bench judgment of this Court in the case of Braj Kishore Singh V/s. State of Bihar & Ors., 1997 1 PLJR 509 posts within the staffing pattern were deemed to be sanctioned and no separate order of sanction of individual posts was required under law. He submits that, nonetheless, the State Government has formally sanctioned the posts in the College by Annexures-4 and 5. Hence, he submits that since all the posts on which the petitioners were found working and eligible for regularization were deemed to be sanctioned under staffing pattern with effect from take over of the College itself the petitioners were entitled to the benefit of the regularization from that date itself with all consequential benefits.