BAIDYANATH SINGH SON OF SRI RAMCHANDRA SINGH Vs. STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) THE petitioners are aggrieved by the letter no. E/ 2562 dated 26th of April, 1999 (Annexure - 25) of Registrar of the respondent Jai Prakash University sending report to the State Government that appointment of the petitioners can be held to be illegal for being made in violation of the laid down procedures.

(2.) The petitioners pray for quashing of the aforesaid letter with further prayer to direct the respondents to regularise their services with consequential benefits of the respective posts held by them and make payment of arrears of salary. According to petitioners, they were appointed on different non -teaching posts as indicated in their respective appointment letters between the period April 1979 to May 1983 by the Principal of the Gopalganj College, District -Gopalganj subject to the approval of the Advisory Body/ Syndicate of the Bihar University and the State Government, in the prescribed scale of pay, vide Annexure -2 series. Petitioners immediately joined their respective posts. The respondent the then Bihar University approved the appointments which would be evident from the letter of the University vide letter no. B/3759 dated 12.8.1984 (Annexure -35), the letter no. B/7308 dated 15.4.1990 which finds reference in the letter of the University vide Annexure -24 as also the letter no. 490 dated 2.6.1998 of the J.P. University (Annexure -18). The petitioners worked continuously on their posts for long time but no action being taken for their regularization in service, they filed writ application for redressal of the aforesaid grievances in this Court vide C.W.J.C. No. 1739 of 1994 disposed of with certain observation and permitting the petitioners to file representation before the Vice - Chancellor of the University vide order dated 7.7.1994 (Annexure -12).

(3.) THE petitioners accordingly filed their representations. The J.P. University vide letter dated 7.9.1994 (Annexure -32) recommended the State Government for regularization of the services of the petitioners with all requisite supportive documents. The State Government did not take any decision for about more than two and half years as such the petitioners having no alternative filed second writ application vide C.W.J.C. No. 8915 of 1997 disposed of on 24.11.1997 with the following observations/directions vide Annexure -17. "Today the case was taken up, the counsel for the parties agree that the case of the petitioner are covered by Full Bench decision of this court given in the case of Braj Kishore Singh reported in 1997 (Vol. -1) P.L.J.R. 509. Accordingly, the writ petition is disposed of with same and similar observation, and direction as made by Full Bench decision of this court in the case of Braj Kishore Singh (supra). The respondent J.P. University is directed to take into not the staffing pattern and after necessary enquiry decide the total strength of non -teaching employees, which are deemed to be sanctioned and/or sanctioned with respect to the college in question. Such decision is to be taken within a period of three months from the date of receipt/production of a copy of this order. Thereafter the University will make appropriate requisition from the respondent State for release of fund for such sanctioned post/the post to be treated to be sanctioned. The State of Bihar will act on the basis of such requisition and release appropriate fund in favour of the respondent University within a period of three months from the date of receipt of such requisition. It is needless to say that on the receipt of the fund, the respondent University will decide the cases of persons who are working against such sanctioned/ deemed sanctioned posts and regularize their services and release the admitted arrears of salary."