ASHOK KUMAR VATSYAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of the common order dated 9.2.2009 passed in C.W.J.C. No. 4959 of 1997 wherein Annexure-6 issued by the Government is sought to be quashed. It was the case of the appellants, who are the petitioners in the writ petition that the resolution dated 20.6.1996 issued by the State Government has been directed to be given retrospective effect by the learned Single Judge, as a result of which the unofficial respondents have become seniors to the appellant for the post of Assistant Professors even though they are not eligible to hold such posts in the capacity; they, are holding the present post.

(2.) The learned Single Judge having heard both sides disposed off the writ petition observing that the resolution as contained in Memo No. 176(17) dated 20.6.1996 (Ahhexure-6 to the writ petition) is in complete violation of the orders passed by this court in C:W.J.C. No. 2647 of 1996. But however, having held so the learned Single Judge directed that the unofficial respondents should be given the benefit with retrospective effect. The learned Single Judge further held that the policy which is beneficial to remove anomaly framed by the Govt. itself, even if adopted with retrospective effect cannot be held to be illegal.

(3.) Learned counsel appearing on behalf of the appellants has contended that by virtue of the retrospective effect, as has been held by the learned Single Judge, is not the intention on the part of the policy makers. The appellants are prejudicially affected for the reason that the respondent will come on the post of Associate Professor even without adopting the process of selection.