ANJANI KUMAR CHOUDHARY Vs. T.M. BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) The present writ petition has been filed to direct the respondent- authorities to calculate the pension and post retiral benefits of the petitioner taking into account the services rendered by the petitioner in the College in question, right from the date of his initial appointment i.e. on 1/11/1976/ 1/6/1988 till the date of his retirement as a regular employee on 31/12/2012.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner was initially appointed on the post of Demonstrator in the Department of Physics in S.S.V. College, Kahalgaon on 1/11/1976, however upon takeover of the College in question, the services of the petitioner was not absorbed, hence he had represented before the respondent- University Authorities, whereupon the Registrar of the Tilka Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to as "the University") vide letter dtd. 8/8/1988, directed the In-charge Principal of the College in question to make payment of daily wages admissible to ClassIII post w.e.f. 1/6/1988.

(3.) It is also the case of the petitioner that the respondent-University had issued an advertisement in Hindi Daily Newspaper namely Hindustan on 18/10/2001, whereby applications were invited from daily wages Class-III and Class-IV employees for their appointment in regular services of the respondent-University, whereupon the petitioner had also applied and participated in the selection process and then he was declared to have been successful in the said process of selection. Thereafter, the respondent- University, vide Office Order No. 159 of 2002 dtd. 5/7/2002, had appointed the petitioner and others in the regular services on Class-III post against the sanctioned and vacant post with effect from the date of appointment/ date of availability of post, whichever may be later. The matter had then travelled to the Chancellor's Secretariat and finally, the respondent-University had issued final orders with regard to absorption of the services of the petitioner and others vide various Office Orders, however as far as the petitioner is concerned, the relevant Office Order is the one bearing Office Order no. 88 of 2006 dtd. 27/5/2006, whereby and whereunder the services of the petitioner and others were absorbed in regular services of the University w.e.f. 5/6/2003.