SHYAM BIHARI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE 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 on wards 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 1973 the Government took a decision to upgrade their posts and those suitable among then in due course promoted as lecturers. THE result was that the work in the practical classes of the various subjects started getting dislocated. In order to remove this difficulty a Circular dated 17-8-1989 was issued by the Govt. 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.) ANNEXURE-7 is a letter dated 18-5-1982 sent by the Principal of the R.D.S. College, Muzaffarpur to the Vice-Chancellor of the Bihar University in which he made a request that on the ground of shortage of hands appointments of five persons on the post of lab-in-charge in different department in the R.D.S. College had been made and the request is to allow these five persons acting as lab-in-charge to continue in the post with prospective effect from the date of joining. There is nothing to show that the University or the Vice-Chancellor took any action on this letter of the Principal. Admittedly, the petitioner's salary from April, 1982 was stopped presumbly because there was no sanction for the post on which he had been appointed. The next relevant document is ANNEXURE-3 which is an office order of the Bihar University, Muzaffarpur under the signature of the Registrar as contained in Memo No. 301-R, dated 7-8-1985. This office order mentions that the Vice-Chancellor has. been pleased to order that Shri Shyam Bihari Pd. Singh (petitioner) working as lab-in-charge in the Department of Physics at R.D.S. College, Muzaffarpur, will draw his regular salary in the prescribed scale plus order admissible allowances with effect from 1st August, 1985 against the sanctioned vacant post of lab-in-charge in the Department of Physics at Jamnilal College, Hajipur till such time the post of lab-in-charge in Physics at R.D.S. College is sanctioned by the State Government. Anuexure-4 which is a letter from the Education Department to the Vice-Chancellor of the Bihar University as contained in Memo No. 624, dated 20-4-1981 states that one post each of lab-in-charge has been sanctioned by the State Government in the Department of Physic and Chemistry in Jamnilal College, Hajipur. The petitioner thus claims-that by virtue of ANNEXURE-3 he is now working on a sanctioned post from 1st August, 85 and the order contained therein itself mentions that the petitioner will continue to work on this post till the post of lab-in-charge in Physics is sanctioned by the State Government and so he is legitimately entitle to receive his salary in the prescribed scale for the Post of lab-in-charge.