PRADEEP KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of the learned single judge dated 8 December, 1994 passed in C.W.J.C. No. 1715. of 1991, by which notification dated 31.1.1991 issued by the State Government absorbing the services of the appellant and others, has been quashed.

(2.) THE appellant was respondent no. 8 in the writ application. After going through the process of selection through advertisement he was appointed along with the writ petitioner and other as assistant in Jagarnath Mishra Institute of Technology, Darbhanga. The aforesaid appointment is dated 18.7.1981. Petitioner, who was also appointed on the same day joined the aforesaid post on 24 July, 1981 whereas the appellant had joined the aforesaid post on 22 July, 1981, i.e. two days before the writ petitioner.

(3.) A screening committee was constituted, by the State government to consider the case of absorption of the employees of such colleges, after take over, after considering their suitability for the post they held in their colleges, including the mode of their appointment and as to whether the posts were sanctioned. The screening committee submitted its report to the State Government. Pursuant thereto, by a notification dated 31.1.1991 the appellant and one Shyam Thakur were also recommended to be absorbed. The writ petitioner Suresh Chandra Jha being aggrieved by the same moved this Court challenging the aforesaid notification, as according to him though he and the appellant were appointed on the same date and he admittedly joined two days subsequent to joining of the appellant, but according to him as he was having a higher educational qualification and his date of birth was earlier to that of the appellant, as such, he should be treated as senior to the appellant, and his services should have been absorbed.