L.N. MITHILA UNIVERSITY Vs. SUBHASH THAKUR

JUDGEMENT

(1.) The appellant is the L.N. Mithila University, who is aggrieved with the impugned judgment directing the writ petitioner's past services, in the post of Laboratory In-charge (Physics), with effect from 9/3/1990, to be considered for the purpose of retirement benefits, which also was to be paid under the Old Pension Scheme.

(2.) The learned Single Judge allowed the claim of the petitioner on multiple grounds. It was found that though the petitioner was continuing in the post from 9/3/1990, on which date, the Government had sanctioned the post, there was no attempt to make regular appointments to the said post till the year 2010. Even then, the petitioner was appointed in the year 2012 in a post he was continuing right from the date of sanctioning. It was found that the Chancellor had once granted regularization which was later cancelled. Twice, the petitioner, along with others similarly situated were before this Court seeking regularization; which writ petitions were disposed of directing regular appointment to be carried out, which was delayed indefinitely.

(3.) Reliance was placed on Direct Recruit Class-II Engineering Officers Association v. State of Maharhastra; (1990) 2 SCC 715, a Constitution Bench decision, wherein it was held that when initial appointment made to substantive vacancies, even if not made according to the rules, but the appointee continues in service uninterruptedly for long periods till regularization of his service, the entire period ought to be treated as period spent in service for the purpose of consequential benefits.