DEVANANDANPRASADSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners, who are working as Foreman/Junior Instructors/Senior Instructors in the Bhagalpur College of Engineering, have approached this Court in this writ-petition for issuance of an appropriate writ or direction to the respondents to pay them the pay scale of teaching staff as recommended by the University Grants Commission and/or All India Council of Technical Education (in short 'AICTI') by declaring the posts held by the petitioners as teaching posts.

(2.) I have heard Dr. Sadanand Jha, learned counsel for the petitioners, Mr Rajendra Prasad, learned Standing Counsel No. 1 for the Respondents and Mr. Ashim Jha, learned Counsel for the Intervenor, and perused the materials on record.

(3.) In paragraph 28 of the writ petition, it is stated that as per the recommendation of the 5th Pay Revision Committee, the pay scales of the Senior Instructors and Junior Instructors were made identical, namely, Rs. 1,400/- to 2,300/- and that being so there exists little difference between the cadre of the Senior Instructors and that of the Junior Instructors. Undisputedly, the Workshop Superintendent, Foreman and Laboratory Assistant of different Engineering Colleges approached this Court for declaring them as teachers for an entitlement to get the pay scale as recommended by the University Grant Commission (in short 'U.G.C.') for different categories of teachers. In para 6 of the judgment passed in C.W.J.C. No. 7090 of 1988, a Division Bench of this Court, amongst others, held as follows :