STATE OF BIHAR Vs. SURESH KUMAR SARAN

JUDGEMENT

(1.) HEARD learned Advocate General for the State of Bihar, the appellant in both these appeals and learned Counsel for the sole respondent, Suresh Kumar Saran who had preferred writ petition bearing C.W.J.C. No. 14845 of 2004 to claim that he should not have been superannuated at the age of 58 years on the Post of Instructor in Muzaffarpur Institute of Technology, Muzaffarpur and instead he should have been allowed to continue to work up to the age of 60 years by treating him to be in the category of Teacher in the said institute as per the UGC norms.

(2.) THE aforesaid writ petition was allowed by order dated 18.8.2005 and against that order State preferred LPA No. 89 of 2006 which was dismissed with observations that for better appreciation in the matter, appellant, if so advised, may file review application before the learned Single Judge. This was due to mistaken submission that State had not been able to file counter affidavit in the writ proceeding. THEreafter, the appellants preferred Civil Review No. 135 of 2007 which has been dismissed alongwith a cost of Rs. 50,000/- by order dated 7.11.2008 which is under appeal in LPA No. 505 of 2009. THE appellants have chosen again to challenge the order dated 18.8.2005 whereby the writ petition was allowed, through the other appeal.

(3.) SO far as the merits of the matter is concerned, it is not in dispute that the respondent was working in Muzaffarpur Institute of Technology which is an institute belonging to the State of Bihar and managed by the concerned department of the Government having no parity with the Engineering Colleges belonging to the Universities of Bihar. It was on clear understanding of this factual and legal situation that the Apex Court decided the case reported in (2000)10 SCC 587 (supra) and held that the three Engineering Colleges which included Muzaffarpur Institute of Technology also, are owned by the State and the service condition of Teachers of these colleges are governed by Bihar Service Code. On that ground the claim of the Teachers of Muzaffarpur Institute of Technology and two other Engineering Colleges of the State seeking parity with the superannuation age of Teachers of University Engineering Colleges was denied.