MISSKRISHNABALASINHA Vs. MANJU VERMA

JUDGEMENT

(1.) Miss Krishna Bala Sinha (defendant No. 6) is. the appellant in this second appeal.

(2.) The suit was filed by the plaintiff-respondent Smt. Manju Verma for declaration that plaintiff is the legally appointed Lecturer in the Department of Political Science against one of the sanctioned post and she has become a permanent Lecturer by lapse of time and that she be declared to have been permanently absorbed against 2nd post of Lecturer in the Political Secience department and that her name be declared to be recommended for absorption against the permanent post and that there was no vacancy against which defendent No. 6, the present appellant could have been appointed. The suit was contested by the defendant-appellant and other defendents on the ground that the same was not maintainable and defendant No. 6, the present appellant was legally appointed as Lecturer in the Political Science department in M.J.M. Mahila College, Katihar.

(3.) The trial court decreed the suit holding that the plaintiff was legally appointed against the 2nd vacant post of Lecturer in the Political Science department. The representation of defendent No. 6, the present appellant was rejected and thereafter she filed an appeal before the Vice-Chancellor, Mithila University, Darbhanga and the same was also rejected. But somehow defendent No. 6 joined as Lecturer on 17th July, 1978 whereas, the plaintiff was appointed and worked since 15th November, 1976. Against the judgment and decree, the Ist Appeal was filed by the defendent No. 6 the present appellant and the same was dismissed as it was not maintainable in view of bar created by Section 80-A of the Bihar State Universities Act. Section 80-A was added by Bihar Act 68 of 1982. Against that Secition of the lower appellate court this second appeal has been filed.