INDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) The petitioner claims to be the widow of Late Akhileshwar Kumar Verma @ Akhilesh Kumar Srivastava, who died on 12/4/2016 while serving as a Lab-boy in the Department of Chemistry at Jai Prakash Mahila College, Chapra, which is presently a constituent unit of Jai Prakash University, Chapra (hereinafter referred to as 'the University').

(3.) It is the petitioner's case that the deceased employee was engaged against a Class IV post in the College by the Principal of the College after inviting applications through notice, on the basis of recommendation of a duly constituted Selection Committee, on 25/7/1979. It is the specific case of the petitioner that a committee was constituted by the erstwhile University of Bihar, Muzaffarpur vide letter dtd. 4/6/1977 issued by the Registrar of the said University addressed to the Principal of the College, a copy of which has been brought on record by way of Annexure-1 to the writ application. The petitioner has relied on an Office Order dtd. 28/6/1977 issued by the erstwhile University of Bihar, Muzaffarpur (Annexure-2) whereby the Principals of the Colleges were authorized to make appointments against sanctioned Grade IV posts with the assistance of the Selection Committee duly approved by the University. The said Selection Committee constituted by the University headed by the Principal of the College had recommended the name of petitioner's husband for engagement on daily wage basis. A copy of the proceedings of the meeting of the Selection Committee dtd. 20/8/1978 has been brought on record by way of Annexure-4 to the writ application. It was mentioned in the said proceeding that till their services were sanctioned by the University, the persons selected shall get daily wages. It is the petitioner's case that four other persons along with the petitioner's husband were selected and appointed. The petitioner is relying on a communication dtd. 25/9/1981 made by the Principal of the College addressed to the Vice-Chancellor of the erstwhile Bihar University, Muzaffarpur making a request for approval of services of petitioner's late husband and four other persons namely Shanti Kumari, Ashok Kumar, Sita Ram Prasad and Nagendra Prasad. It is also the petitioner's case that in the proforma for non-teaching employees of the constituent colleges under the jurisdiction of Bihar University, Muzaffarpur for consideration of the State Government also the name of petitioner's late husband had figured. Reliance has also been placed on a communication dtd. 28/9/1994 made by the Principal of the College addressed to the Registrar of Jai Prakash University, Chapra which came to be carved out from the erstwhile Bihar University, Muzaffarpur (Annexure-8) wherein it was mentioned that the petitioner's late husband was engaged on daily wage basis because there was no permanent post of Lab boy sanctioned. The petitioner's late husband and one Sita Ram Prasad were shown to have been working against Class IV post for nearly 14 years. The University was requested through a letter to take a decision for approval of appointment of one of them and for taking steps for creation and sanction of another post, so that they may get pay-scale, as admissible to the post against which they were working. The petitioner's husband continued making representations for the regularisation of his services. The petitioner is relying on a notification dtd. 11/8/2010 issued by the University whereby it was notified that the services of such Grade III and Grade IV employees who were appointed till 11/12/1990 against sanctioned and vacant post shall be absorbed. In pursuance of the said decision, details in respect of the petitioner's husband were sought for by the University from the Principal of the College in order to take further action for approval of his services. The petitioner then relies on Annexure-17 to the writ application which is a letter dtd. 2/7/2011 written by the Principal of the College to the Registrar of the University stating therein that the petitioner's husband was the only employee who was absorbed against Grade IV post. The said decision to absorb was apparently taken in the light of the decision of the University, as contained in the notification dtd. 11/8/2010, according to the petitioner. Subsequently, when the allocation of fund was requested by the University from the concerned Department of the State Government for making payment to the employees whose services were regularised in the light of letter no. 1120 (R) dtd. 11/8/2010, list of employees were also enclosed with the said letter, in which, name of the petitioner's husband was mentioned as Akhilesh Kumar Srivastava in place of Akhileshwar Kumar Verma. By a notification issued vide Memo. No. 4003 (R) A dtd. 3/3/2012 under the signature of the Registrar of the University, the petitioner's service was absorbed in the college as Lab boy. It is the case of the petitioner thus that her deceased husband was a regular employee of the College when he died on 12/4/2016, in harness.