BILAT PASWAN BIHANGAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was appointed as Chairman of Bihar State Inter University Board, Patna vide a notification issued under the orders of the Chancellor, Universities of Bihar dated 23.3.2005 in exercise of power under Section 6(1)and Section (2) of the Bihar Inter University Board Act, 1981 on the recommendation of the State of Bihar for a period of three years from the date of his joining the post. Bihar Inter State University Board, however, got dissolved in view of the Bihar Inter University Board Repeal Act, 2007 which was notified in the Official Gazette on 19.4.2007. The grievance of the petitioner is that he was appointed for a period of three years from the date of his joining, as Chairman of the Bihar State University Board, and therefore, he would be entitled for salary for the period 19.4.2007 with effect from which the Board stood dissolved till 24.3.2008, being the date on which he would have completed the period of three years from the date of his joining as Chairman, Bihar Inter University Board, had the Board been not dissolved.

(2.) In the background of these facts, the petitioner has sought for a direction to the Respondents to pay him salary and emoluments of the post of Chairman, Bihar Inter University Board for the period of 19.4.2007 to 24.3.2008.

(3.) Learned Senior Counsel appearing on behalf of the petitioner has contended that the petitioner's appointment was made under the orders of the Chancellor of the Universities of Bihar who happens to be the Governor of the State of Bihar. Referring to Section 6(2) of the Bihar Inter University Board Act, 1981, he contends that the petitioner held the post of Chairman of the Board during the pleasure of the Chancellor of the Universities of Bihar i.e. the Governor of Bihar, and therefore, relying upon Article 310(2) of the Constitution of India contends that he should be held to be entitled for payment of compensation as his service came to an end prior to expiration of agreed period in view of abolition of the Board itself.