ARBIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are fifteen petitioners who are lecturers under the Magadh University, Gaya (the 'University for short). They have challenged the Notification No. 1169/GI 'A' dated 15th November, 1991 as contained in Annexure 1, so far as it relates to the petitioners. By the impugned Annexure -1 the petitioners have been transferred on deputation to different Colleges and/or P.G. Department. It has further been mentioned therein (Annexure - 1) that the salary of the petitioners will be remitted from the Colleges where the petitioners were earlier posted.

(2.) THE brief facts of the case are, as follows : According to the petitioners, they were functioning as Lecturers in different subjects in different Colleges which were made constituent in the 4th phase. It is stated that they were so functioning in their respective Colleges since long, against existing vacancies. There was no complaint against the petitioners, but the Respondent - Vice Chancellor of the University has suddenly come out with the impugned order, contained in Notification dated 15th November, 1995 (Annexure -1), by which the petitioners have been transferred on deputation to other Colleges/ P.G. Departments.

(3.) COUNSEL for the petitioners drawn my attention to a letter dated 29th June, 1988 (Annexure -2) issued by the Commissioner -cum -Secretary, Human Resources Development Department of the State of Bihar. By the said letter, the Registrars of different Universities, including the Magadh University were intimated that the matter relating to creation/sanction of posts and absorption of teaching and non -teaching employees against such posts were under the consideration of a high level Enquiry Committee. It was requested not to transfer the teachers of the Colleges which had been recently made constituent under different Universities. It was suggested to cancel the transfer orders, if issued, in the meantime, by the authorities. Similar letter was issued by the Respondent -State of Bihar, from its Human Resources Development Department, vide letter dated 1st September, 1990 (Annexure -3).