RAM BILASH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT Heard learned counsel for the petitioner and the learned counsel for the State as well learned counsel for the B.N. Mandal University.

(2.) THE prayer of the petitioner in this writ application reads as follows: "1.(i) For quashing the Memo No. 458 dated 28.05.2012 (Annexure -6) passed by respondent no. 2 in as much as respondent no. 2 failed to adjudicate and decide the grievance of the petitioner in terms of the order dated 15.02.2012 passed in C.W.J.C. No. 20078 of 2010 (Annexure -4) after considering Annexure -5 and impugned order makes the petitioner suffer for the fault of the college authorities who failed to produce records despite repeated directions by respondent no. 2 and on account of such failure the petitioner has been made to suffer. (ii) For directing the respondents authorities of the concerned college to produce the alleged termination order of the petitioner dated 07.01.1992, if any, and quash the same or the same be declared to be void and of no effect and also produce the materials which show that the said order was served on petitioner. (iii) Direct the authorities concerned to include the name of the petitioner in the list of employees working in the College concerned which has been sent to the University."

(3.) ACCORDING to the petitioner, there was no dispute with regard to his continuation and working in the college as Laboratory Technician but only when the grant -in -aid was given by the Government to all the affiliated colleges for payment of salary to the teaching and non -teaching employees working against sanctioned post, the authorities of the Governing Body/Ad -hoc Committee of the college had started adopting arbitrary practices by selecting their favourites to be the employees of the college as also benefiting them by way of payment of salary from the grant received from the State Government.