MD.MAQBOOI AKHTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are aggrieved by Annexure-3 which has been issued by the Director of the National Institute of Engineering (hereinafter referred to as 'the NIT'). By the said annexure, the decision of the Board of Governors of the NIT has been communicated to the petitioners and other employees mentioned therein, that in case they want to be retained in the service of the NIT, they would have the option of approaching the Patna University and getting their applications forwarded by the Patna University. Such applicants would be treated as contractual employees and their case for absorption in the NIT would be considered by the Screening Committee of the NIT, Patna, subject to the approval of the Board of Governors of the NIT.

(2.) Petitioner No. 1 was appointed on compassionate ground as a Class-III employee by the Patna University and posted in the I.Sc. Section of the then Bihar College of Engineering which would be apparent from Annexure-1 and Annexure-A (counter affidavit of the Patna University). Petitioner Nos. 2 and 3 are direct recruits appointed on Class-IV posts by an advertisement issued by the Bihar College of Engineering under the Patna University and were posted in the I.Sc. Section of the Bihar College of Engineering which would be apparent from Annexure-B letter dated 29.1.1994 and Annexure-C which relates to the posting of petitioner no. 3 vide letter dated 24.8.1989.

(3.) The Bihar College of Engineering was taken over by the Central Government on 28.1.2004 and is now known as the National Institute of Technology. The employees of the Bihar College of Engineering alongwith the assets etc. of the Bihar College of Engineering came under the newly constituted National Institute of Technology, Patna. The persons working in the Bihar College of Engineering were absorbed in the NIT.