VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ applications have been filed by the petitioners under Articles 226 and 227 of the Constitution of India for a direction to the respondents concerned to regularise their services as lecturers in the Bihar Institute of Silk and Textiles, Bhagalpur. Since they are performing the same functions as that of the regular lecturers, they have claimed payment of the same salary and allowances which are being paid to regular and permanent lecturers from the date of their continuous employment.

(2.) The Bihar Institute of Silk and Textiles, Bhagalpur, was started in the year 1922 in the name of Government Silk Institute and continued until 1978. During those days, one certificate course in Sericulture, Silk Weving and Silk Dyeing-Printing was being conducted for the Matriculates who were utilised by the Government for managing different schemes in lower cadre. During the earlier period, besides imparting training, the Institute was functioning as a nuclear point for planning and steering of all Sericulture and Silk Programmes of this State. Considering the paucity of highly qualified technical persons in the State and Industries as a whole, the Government decided to upgrade this Institute by converting it into a Technological Institute to impart four years degree course in B. Sc. Silk Technology. The Institute is under the administrative control of the Government of Bihar, Department of Industries. The Academic, Examination and Degree works are being carried by the Bhagalpur University. For imparting complete knowledge both in theory and practical, the Institute is well equipped with laboratories and qualified teachers.

(3.) In course of time, the Institute felt the need of qualified teachers in Physics, Chemistry and Economics. Accordingly, the Institute informed the Director about the requirement of teachers in the aforementioned subjects. The State Government, thereafter, authorised the Bhagalpur University to make such appointments. The Vice-Chancellor asked the Heads of Departments of Physics, Chemistry and Economics of the Bhagalpur University for appointment of suitable candidates as lecturers in those subjects. The Head of Department of Physics, Bhagalpur University, recommended names of five candidates, including petitioner no. 1 of C.W.J. C. No. 5409 of 1987, for the posts of lecturer in Physics Similarly, different names were recommended for appointment of lecturers in Economics and Chemistry subjects. Petitioner no. 1 holds Post Graduate Degree in Physics from the Bhagalpur University. He completed his Post Graduation in the year 1976 and thereafter, he was appointed as a Research Scholar in the University itself. Since he was already working as a Research Scholar, the Acting Vice-Chancellor recommended his name to the Director tor being appointed as lecturer in Physics. While the name of one Miss Kaina Chatterjee was recommended for her appointment as lecturer in Economics. The Director approved the name of petitioner no. 1, and, accordingly, he was appointed as lecturer in Physics, though he was to get only Rs. 20/- per lecturer vide letter dated 28th December, 1970, marked Annexure-1. Petitioner no. 1 started working since 2nd January, 1979. All on a sudden, the Principal of the Institute, on the basis of a direction of respondent no. 2, asked petitioner no. 1 not to take his classes. He, therefore, tiled a Title Suit in the court of Subordinate Judge for a declaration that the said letter dated the 5th April 1980, was illegal and inoperative and prayed for restraining the defendants from implementing the said letter. On 4th June, 1980. The Subordinate Judge granted an interim injunction and, finally, by his judgment dated 22nd December, 1964, the suit was decreed in favour of petitioner no. 1. Thus, petitioner no. 1 continuously worked as lecturer since 2nd January, 1979, till date and without any break.