RAM KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State of Bihar.

(2.) An advertisement was published by the State Government on 15.10.1986 inviting applications for appointment on the post of Laboratory Assistants in the pay scale of 785-1210. The qualification prescribed was B.Sc (Physics) with Chemistry and Mathematics. The petitioners having applied came to be appointed on 7.6.1989 and 5.7.1989 posted at different Government Polytechnics. Having learnt of certain orders of this Court and the Apex Court granting UGC pay scales to Laboratory Assistants as granted to Demonstrators, the petitioners also represented for the same and ultimately filed C.W.J.C. No. 3954 of 2000. A Bench of this Court on 16.9.2005 granted liberty for filing of representation which was required to be disposed by reasoned order.

(3.) The respondents then passed the impugned order dated 28.1.2006. It rejects the claim of the petitioners on the grounds (a) the State of Jharkhand had passed orders with regard to Laboratory Assistants of the Ranchi University to which UGC norms apply. After 1986, the pay scale prescribed by the All India Council of Technical Education (hereinafter called the AICTE Act) shall apply to Government Polytechnics and there was no post of Demonstrator prescribed therein or recommended pay scale (b) the norms prescribed under the AICTE Act for technical education with regard to staffing pattern, service conditions, infrastructure required etc. were different (c) with effect from 1.1.1986, the AICTE norms applicable in technical institutions has been approved by the State Government and under which the staffing pattern, service conditions and salary were to be in accordance with the provisions of the AICTE Act and not the UGC scales (d) there was no post of Demonstrator under the AICTE Act but only of Laboratory Assistants on which the petitioners had been appointed after 1.4.1980 in the sanctioned pay scale. Laboratory Assistants were employees of the State Government according to the AICTE Act. Their pay scale was to be fixed/revised by the State Government and the provisions of the Bihar Service Code shall apply to them, (e) by notification dated 5.7.1991 the post of Demonstrator had been abolished by the State Government. There existed only the post of Laboratory Assistants. The persons presently working as Demonstrators had been appointed prior to 1.4.1980 and with their retirement the post shall stand abolished.