KAUSLESH NANDAN SANDHWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are two petitioners before this Court.

(2.) ACCORDING to them they were initially engaged sometime in the year 1981 at B.R.M. College, Munger, which is a constituent college of Tilka Manjhi Bhagalpur University, Bhagalpur. Engagement was purely temporary in nature on daily-wage. The Court is not required to comment on the manner of such engagement, because it goes without saying that such engagements were done without following any proper procedure and invariably either by the Managing Committee or the Principal of the college in question. According to the petitioner no. 1, his engagement was on a post of Office Assistant and petitioner no. 2 on a 3rd grade employee, as would be evident from Annexure-3, which was issued in the year 1986.

(3.) THEIR case is that they have continued to get regular salary based on a pay-scale, fixed by the University till September, 1999. From September, 1999 to June, 2003, they have not been given what was rightful due to them under certain circumstances, for which they are not answerable. Writ, therefore, came to be filed in the year 2000, seeking a direction upon the university authorities to pay them regular salary as they were regular employees of the college. Writ Application was admitted for hearing and after its admission many other things have happened by way of decision making which also has reflection upon the present dispute.