BISHWA MOHAN KUMAR Vs. THE UNIVERSITY OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. In this case, a prayer has been made for shifting the date of regularization from 1.2.1995 to 1.2.1978. A claim has been made that the petitioner was regularly appointed after facing the competition, his date of regularization cannot be different and shifted to his prejudice when the University as well as Principal of the college always treated him to have been appointed for all purpose on and from 1.2.1978.

(2.) The brief fact of this case is that the petitioner was appointed as Office Assistant in the Raj Narayan College, Hajipur, Vaishali after facing test and interview, accordingly he joined the post on 1.2.1978 but, the Vice Chancellor of the University approved the service of the petitioner and many others vide letter dated 6.3.1980 which is apparently clear from the letter of the Principal of the College dated 22.12.1979 (Annexure -2) wherein it was specifically mentioned that the appointment of the petitioner and others have been made against the sanctioned post and they were selected after facing due process of selection and the letter dated 31.3.1980 of the Principal of the college shows that the selection was approved by the Vice Chancellor of the University, requested for issuance of notification. When the petitioner could not get a fruitful result, he himself filed a representation on different dates to the Vice Chancellor, Bihar University, Muzaffarpur giving details of the fact, apparently clear from the representations (Annexure -3 & 5 Series). The petitioner was getting a regular pay -scale but, the pay of the petitioner was stopped with effect from March, 1984. He tried to find out the reason for stoppage of his salary, when on representation he could not get proper response, the petitioner approached this Court in CWJC No. 2731 of 1987. This Court considered the case of the petitioner and disposed of the same in the following terms: -

(3.) The order of the learned single Judge was challenged in LPA being LPA No. 60 of 1991 and the Hon'ble Division Bench, by order dated 27.11.1991, upheld the order passed by the learned single Judge dated 25.4.1991. The University, on consideration of the order passed by this Court in CWJC No. 2731 of 1987, regularized the services of the petitioner with effect from December, 1995 vide letter dated 20.1.1997(Anneure -11). The petitioner filed a representation on 3.2.1998 and on 26.10.2012 for payment of salary at par with the others.