DEVENDRA PRASAD ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications relate to the same College i.e. Deo Chand College. Hajipur, and the points involved therein, being the same they have been heard together and are being disposed of by this common order.

(2.) THERE are three petitioners in C.W.J.C. No. 8214 of 1997 and they have filed this writ application for regularisation of their services as well as for payment of their salary both current as well as arrears. Petitioner no. 1 claims to have been appointed as a Laboratory Technician in the Department of Physics, Deo Chand College, Hajipur (for short 'College ') on 15.7.1982 and petitioners no.2 and 3 claim to have been appointed as Assistants in the said College on 30.7.1984 and 9.10.1985 respectively.

(3.) IN 1968, the College in question was established and it was affiliated to the Bihar University, as it then was, in the year 1969 upto Pre and Degree Part I Arts and Science and later on it was granted affiliation upto Degree standard in the year 1979. The College was made constituent of the Bihar University (Bhim Rao Ambedkar Bihar University, Muzaffarpur) (hereinafter referred to as 'the University ') with effect from 1.3.1981. It is stated that the staffing pattern with regard to the College in question has been fixed by the State Government vide Annexure 1 to C.W.J.C. No. 8214/97. It is asserted that the petitioners of C.W.J.C. No. 8214/97 were appointed by the Principal of the College on the dates and posts as mentioned above and since then they are working. J5o far as the sole petitioner of C.W.J.C. No. 7880/97 is concerned, it is asserted that he was appointed on 10.12.1980 by the Ad hoc Committee on the post of Steno Typist against the created post under the norms of staffing pattern in anticipation of the sanction by the University and the State Government, vide Annexure 1 and this appointment was made after advertisement and interview and, thereafter, he joined the post on 10.12.1980 and after the College was made constituent, his service was also taken over and since then he is working. It is stated that their cases for regularisation have been recommended by the Principal of the College and the matter was sent to the University, but no decision has been taken. They made representations to the University as well as the Chancellor, but their services have not been regularised.