SHIKSHAKATAR KARMCHARI SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case, petitioner no. 1 is the Association, whereas the rest of the petitioners are its members who were working as Laboratory Incharge.

(2.) THIS writ petition relates to regularisation/regular appointment of the members of the petitioners' Association, who were working as Laboratory Incharge on daily wage basis in one C.M. Science College, Darbhanga, a constituent College under the Respondent -L.N. Mithila University, Darbhanga (University for short).

(3.) THE brief fact of the case shows that the State of Bihar by their decision dated 17th August, 1979 laid down the staffing pattern for one or other college. It was decided that 27 posts of Laboratory Incharge are required for such college which impart Under -graduate teaching and 51 posts of Laboratory Incharge in the college imparting Post Graduate teaching. In terms with the staffing pattern, the Respondent University published advertisement in different newspapers on 5th December, 1981 for appointment to the post of Laboratory Incharge in constituent Colleges in the then scale of Rs. 230 -490. The petitioners being eligible for appointment against the post of Laboratory Incharge applied in pursuance of the said advertisement along with others. They were asked to appear in the interview on different dates in the month of August, 1963 by different letters issued in between 23rd July, 1983 and 13th August, 1983. The members of the petitioners' Association appeared in interview before the Selection Committee on 26th August, 1983 and others dates, wherein after they were selected and recommended for appointment. It appears that the Respondent University inspite of creation of posts in terms with the staffing pattern, on presumption that prior sanction of such posts is required in terms with Section 35 of the Bihar State Universities Act, 1976, made a supplementary request to the State of Bihar for sanction of such posts vide their letter dated 28th January, 1983. Reminders were also given subsequently on 19th June, 1983. But no formal order of sanction was received then the orders of appointments were issued in favour of one or other selected candidates, including the members of the petitioners' Association on daily wage basis by order dated 24th September, 1983 and not in the regular scale of pay, as advertised. In the order of appointment dated 24th September, 1983, it was shown that they will be paid wages on daily rate @ Rs. 12.50 per day. The question of sanction of posts remained pending with the Respondent and the University continued with the correspondence. One such letter was issued by the University to the State on 4th March, 1989 followed by reminder dated 1st July, 1989. The members of the petitioners' Association also filed representations before the Vice Chancellor of the University for regularisation of their services on 7th April 89 and similar recommendations were also made by the Principal of the College, in question. The State Govt. also took steps and asked the University to give details of information by letter dated 20th April 89 and the required information was given by the University on 23rd October, 1989. Ultimately, by Resolution dated 10th May, 1991, a policy decision was taken by the State of Bihar to regularise/approve the services of the employees appointed prior to 10th May, 1986 against the post falling within the staffing pattern, with further decision to adjust the surplus employees, if any, appointed prior to 10th May, 1986 against the future vacancy. It was also ordered to terminate the services of those appointed after 10th May, 1986. The Respondent -University regularised the services of one or other Laboratory Incharge, including that of one Md. Rizwan, who was regularised on 15th June, 1993. However, according to the University, his case is different than that of the members of the petitioners' Association, as Md. Rizwan was appointed against a post created by the Governing Body, whereas the members of the petitioners' Association were not appointed against the sanctioned posts. so far as the members of the petitioners' Association and others are concerned, the Respondent -University for their regular appointment continued to request the State of Bihar to create/sanction the posts of Laboratory Incharge even recently, which is apparent from letter dated 14th May, 1995 and noting of the Registrar of the University dated 21st December, 1995. However, without any decision/relating to sanction of posts and/or regular appointment of Laboratory Incharge like the members of the petitioners' Association and others, the Respondent -University again came out with one advertisment dated 10th April,1997 for appointment against the post of Laboratory Incharge in different constituent Colleges under the University.