SYED MOKHTAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Siya Ram Shahi, learned counsel for the petitioner, Mr. Y. V. Giri, learned senior counsel for the respondent-National Institute of Technology assisted by Mr. S.K. Giri and Mr. Sujeet Kumar Sinha, learned Central Government Counsel for the Union of India.

(2.) The present writ petition has been filed for quashing the letter no. NITP/1653/14 dtd. 27/6/2014 (Annexure-12) issued by the respondent no.3 whereby the representation dtd. 31/3/2014 filed by the petitioner in the light of the order dtd. 12/3/2014 passed in C.W.J.C. No. 24092 of 2013 has been rejected. Learned counsel for the petitioner further prays for issuance of the appropriate direction upon the respondent to put the petitioner in the pensionable service as petitioner is not a new appointee in the service of National Institute of Technology (hereinafter referred to N.I.T.) Patna rather his service has been observed in the N.I.T. w.e.f. 28/1/2004. Learned counsel for the petitioner submits that pursuant to an advertisement issued by the Coordinator, Transportation Engineering, B.C.E. Patna on 21/1/1987, the petitioner was initially appointed as Technical Assistant on 5/3/1987 by the Co-ordinator, Transportation Engineering Sec. , Department of Civil Engineering in the erstwhile Bihar College of Engineering, Patna on the consolidated pay of Rs.600.00 per month and petitioner has given joining on 12/3/1987. The matter with regard to regularization of the service of the petitioner was pending before the Patna University. The Government of India issued a notification dtd. 28/1/2004 then Bihar College of Engineering converted into National Institute of Technology, Patna.

(3.) Learned counsel for the petitioner further submits that prior to the conversion of the Bihar College of Engineering, Patna into National Institute of Technology Patna, the petitioner and 16 others similarly situated persons have filed CWJC No. 12364 of 2001 before this Hon'ble Court for regularization of their services. The aforesaid writ petition was allowed on 18/4/2008 with certain directions to the respondent-NIT Patna to consider the case of the petitioners for regularization.