SHAMSUL HAQUE SHAMSI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner, a lecturer in Arabic, has challenged the Notification dated 9th February, 1994, as contained in Annexure-8. By the said Notification, dated 9th February, 94, the earlier Notification dated 6th March, 1992 (wrongly typed as 6th March, 1991), as contained in Annexure-5, has been cancelled. Further by the impugned Notification dated 9th February, 1994 (Annexure-3), the Respondent No. 5, Shri Quazi Abdul Waris has been made I/C. Director of the Institute of Post Graduate and Research in Arabic and Persian Learning (hereinafter referred to as the 'Institute'), in place of the Petitioner.

(2.) The admitted facts of the case are stated hereunder:

(3.) Counsel appearing on behalf of the Petitioner submitted that by the impugned Notification dated 9th February, 1994 (Annexure-8), the Respondents-State has illegally cancelled the earlier Notification dated 6th March, 1992 (Annexure-5). According to the Petitioner, the date of regular appointment of the Petitioner to the post of lecturer in Arabic was rightly shifted back to his original date of joining on ad hoc appointment (8th January, 1977). Further according to the Petitioner, he was entitled for seniority to the post of lecturer in Arabic, in Bihar Education Service Class-II with effect from 8th January, 1977, as initial ad hoc appointment of the Petitioner was made after following all the procedures for appointment. It was further contended on behalf of the Petitioner that in terms of (The Bihar Gazetted Employees ad hoc Appointment and Regulation Act, 1987) (Bihar Act 4/87), as contained in Annexure-10, the Petitioner having been appointed on ad hoc basis in January, 1977, his services stood automatically regularised with effect from 8th January, 1977. It was submitted that the Notification dated 6th March, 1992 (Annexure-5) was a mere consequential declaration in terms with the aforesaid Act 4 of 1987.