BRAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants numbering 20 are aggrieved by order dated 6th November, 2001 passed by a learned Single Judge of this Court in CWJC No. 3851. of 1999 by which their prayer to quash the order dated 19.7.1998 (Annexure -5 to the writ application) issued under the signature of the Additional Secretary, Higher Education, Govt. of Bihar, directing that the appellants shall be entitled to salary only from the date of their regularisation of services as well as the letter dated 23.7.1998 issued by the Registrar of the respondent -Jai Prakash University to the Jagdam College, Chapra, directing for refund of the salary which were paid to the appellants for certain period prior to 20th May, 1998 and further prayer to direct the respondents to fix the salary of the appellants in their respective scale from the date of their initial appointment and to pay the arrears of salary has been rejected.

(2.) THE only question for determination in this case is as to whether the appellants are entitled to payments of arrears of salary as well as fixation of salary from the date of initial appointment on Class III and Class IV posts in Jagdam College, Chapra or not.

(3.) THE necessary facts to decide the said question are as follows; Jagdam College, Chapra (for short, the College) was affiliated to the Bihar University, now named as Babasaheb Bhimrao Ambedkar University. On 7th February, 1976, it became a constituent unit of the said University with effect from 1st April, 1975. Later.on Jai Prakash University was carved out of the aforesaid University and the college is now a constituent unit of the said University. 20 sanctioned posts of Class III and 43 sanctioned posts of Class IV were in existence prior to 17th January, 1973. 9 Class III posts and 13 Class IV posts were created on January, 17, 1973. On November, 29, 1977, the Bihar University, as it then was, constituted a Selection Committee comprising of the Principal and three senior most Professors for appointment against vacant Class III and IV posts. After due advertisement, the appointments of the appellants and others were made in March, 1979 and since then the appellants are working on Class III and Class IV posts. At the time of appointment in 1979, 9 Class III and 13 Class IV posts were vacant against which all the 20. appellants were appointed on the said posts. The University approved the appointments on March, 2, 1981 and for -warded the same to the State Government for its approval. The appellants were being paid their salaries. However, the State Government on 8th June, 1983 refused to approve the appointments of the appellants on the ground that the appointments were made beyond the staffing pattern as fixed by the State Government in terms of the statutory provision. The appellants represented the matter before the State Government but of no avail. Thereafter, the appellant filed CWJC No. 497 of 1984 challenging the order dated 8th June, 1983 by which the State Government has refused to approve their appointments and the said writ application was dismissed on 6.4.1984. The appellants preferred LPA No. 36 of 1994. The Division Bench hearing the Letters Patent Appeal having noticed conflicting decisions referred the matter to the Full Bench. The matter was heard by the Full Bench and the Full Bench allowed the appeal by order dated 19.2.1997. It quashed the order of the State Government dated 8th June, 1983 and held that the appellants are entitled to have their services regularised against the posts within the staffing pattern as applicable to the College.