RAMESH CHANDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of 19 petitioners has been filed for quashing the letter of the Joint Secretary, Higher Education Department, dated 19.12.2001, so far as it relates to the petitioners, and for a direction upon the respondents not to disturb the petitioners from the post of Laboratory Incharge (Lab Incharge in short) in Nalanda College, Biharsharif and to pay arrear salary to them.

(2.) BY the said letter dated 19.12.2001 the Joint Secretary communicated approval of the State Government with respect to 13 posts of Lab Incharge in science subjects i.e. Chemistry, Physics, Botany and Zoology which is far short of the petitioners claim and request of the College/University. Accordingly, what the petitioners in effect and substance seek is direction to approve the post of Lab Incharge in accordance with the request of the College and the University authorities, so that they may be paid their salary against those posts.

(3.) THE petitioners had moved this Court earlier in CWJC Nos. 2649/99 and 2840/99 which were disposed of with a direction to the Secretary, Higher Education Department, to decide the dispute relating to approval of posts of Lab Incharge in terms of the staffing pattern treating them as "deemed sanctioned" posts in accordance with the decision of the Full Bench of this Court in the case of Braj Kishore Singh vs. State of Bihar, 1997 (1) PLJR 509. The Court directed that if the posts are thus found to be sanctioned in terms of the staffing pattern the Government will release fund in respect of such posts for payment of salary to the incumbents working against such posts. The University in its turn was directed to determine as to which of the petitioners or all of them, come within the "deemed sanctioned posts and pay them salary including arrears. The petitioners were given liberty to file representation before the Secretary. The impugned communication was made in the light of the above said order of this Court on the representation of the petitioners.