DR. SUNIL KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present application for quashing of the letter no. 1705 dated 01.09.2014 contained in Annexure-10, whereby the State Government directed the Universities of Bihar not to extend the operation of the statute regarding time bound promotion beyond. 23.09.1995.

(2.) Factual matrix lies in a very narrow compass. Petitioner was appointed on 26.09.1985 as lecturer in the Department of Philosophy in Parwati Science College Kirti Nagar, Madhepura. The petitioner joined the college in question on 1.10.1985. The college was made constituent in fourth phase in the year 1986. After series of litigation up to the Apex Court the issue as to absorption of teaching and non-teaching staff was finally adjudicated by the Apex Court in the case of Bihar Rajya M.S.E.S.K.K. Mahasangh and Others, reported in (2005) 9 SCC 129 . The Apex Court accepted the report of Justice S.C. Agrawal (retired) Commission and directed the University to take final decision with regard to absorption of the teaching and non-teaching staff in exercise of jurisdiction under section 4 (1) (14) of the Bihar State Universities Act.

(3.) In the meanwhile, the State took a decision to introduce revised pay scale on the line of UGC package. The State Government issued memo no. 1300 on 20th of July 2001. While introducing the revised pay scale, a distinction was drawn between the teachers promoted under time bound promotion scheme and merit promotion scheme. The said decision of the State was challenged in C.W.J.C. no. 11986 of 2001. The Hon'ble Court declared clause 14 of the said letter as offending Article 14 of the Constitution of India. The decision of the Writ Court was taken to the L.P.A. Court the L.P.A. Court dismissed the appeal preferred by the State i.e. L.P.A. no. 500 of 2000 vide order dated 23.08.2002. As a follow-up of the decision of the Division Bench affirming the judgment of the Single Judge, the State Government issued notification dated 28.09.2005 and extended the same benefit of pay revision to teachers promoted under time bound promotion and merit promotion.