GAZADHAR PRASAD SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of a common order dated 10.5.2013 passed in two separate writ applications heard analogous and dismissed.

(2.) The Learned Single Judge held that the University Science Instrumentation Centre Scheme [hereinafter called the 'USIC'], was sanctioned by the University Grants Commission [hereinafter called 'the UGC'] under the Fifth five-year plan for a specified duration only. If the appointment was on a post created under a scheme for a limited duration, the State government was not obliged to fund the post beyond the duration of the scheme. The appellants could neither claim continuance on the post or payment of salary on the post beyond the period of the scheme.

(3.) Learned counsel for the appellants submitted that the U S I C scheme was sanctioned by the U.G.C. under the Fifth five-year plan on the condition that the U.G.C. shall fund the scheme only till 31.3.1981. Thereafter the State government must agree to bear the financial burden for the posts created under the scheme. The U.G.C. would approve the scheme only after the State government gave its consent. After consent was granted by the State government, U.G.C. sanctioned the scheme. The State government in its counter affidavit before the Learned Single Judge, took a stand completely contrary to the undertaking given by it to the U.G.C. and contended that it had no financial liability whatsoever of any kind in the matter from 1.4.1981. The Learned Single Judge failed to appreciate and notice the necessary facts and decided the case on a complete misappreciation of the necessary and relevant facts.