SHYAM BEHARI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1 he petitioner who claims to be working as Lab-in-charge in the Department of Physics in Ramdayalu Singh College, Muzaffarpur, with effect from 12-2-1982, has prayed in this application for issue of a writ of mandamus or any other writ of like nature directing the respondents namely, Vice Chancellor and other authorities of the Bihar University to make payment of his arrears of salary from 1st April, 1982 onwards till date. The State of Bihar has been made respondent No. 1 in this application and the petitioner's further prayer is that the latter may be directed to sanction one post of Lab-in-charge in the Department of Physics in the aforesaid college with effect from 11-2-1982 so-as-to get the petitioner absorbed in a sanctioned post from that date.

(2.) The accepted position is that previously there used to be demonstrators in every department of all such subjects where practical classes are required to be held but sometime in 1975 the government took a decision to upgrade their posts and those suitable among them were in due course promoted as lecturers. The result was that the work in the practical classes of the various subjects started celling disclocated. In order to remove this difficulty a circular date 17-8-1989 was issued by the Government of Bihar and addressed to the Registrars of the different Universities in the State (annexure-1) stating therein that the Government has taken a decision that wherever there was no demonstrator or lab assistant, one lab-in-charge for every 32 students may be appointed. On the basis of the yardstick provided in this Circular the university authorities are said to have moved the State Government for sanction of the requisite number of posts of lab-in-charge. It is also not disputed that till date the sanction for the post of lab-in-charge in different subjects has not yet been received by the University from the State Government for many of the colleges including the R. D. S. College.

(3.) Practitioner's case as stated in his application is that he had passed his B. Sc. in 1980 and was in search of a job and reliably learnt in August, 1981 that there was requirement of lab-in-charge in the Department of Physics in R. D. S. College, MuzafTarpur and he addressed his application on 29-8-1981 for the said post to the Vice Chancellor, Bihar Universityt hrough the Principal R. D. S. College (Annexure-5) no date however is mentioned in the application) and on the basis of the said application the Vice Chancellor was pleased to appoint the petitioner on the post of lab-in-charge and this decision was incorporated in the office order of the University signed by the Deputy Registrar as contained in Memo No. B 5915-18 date 11-2-1982 (Annexure-2). The petitioner claims that on the basis of this order he submitted his joining report (Annexure-6) to the Principal of the College on 12-2-1982 and since then he is working there in the capacity of lab-in-charge in the Department of Physics in that college. It is, however, undisputed that there was no sanctioned post of lab-in-charge in the Department of Physics in R. D. S. College, MuzafTarpur and that the aforesaid appointment of the petitioner was on an unsanctioned post. It appears that likewise perhaps appointments had been made in other colleges also an unsanctioned posts and when this came to the notice of the State Government it issued a direction to all the Universities as contained in its letter No. JP 002/80 Shikchha 1037 dated 7-7-1983 (Annexure-A in the counter affidavit) stating that the government has taken a decision that whatever appointments have been made on unsanctioned posts should be terminated with immediate effect and that if in spite of this direction if any further payment is made against any unsanctioned post then the Vice Chancellor, Financial Adviser and the Registrar will be held responsible for such unauthorised payment and that necessary action may be taken against them in this connection.