SHIVNANDAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a Demonstrator/Lab. Incharge of Dharm Samaj Sanskrit College, Muzaffarpur (College for short), whose case for regularisation of service having rejected by the State, vide, Memo No. 552 dated 11th September, 1998, has challenged the same in the present writ petition.

(2.) THE College, in question, is a constituent College under the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga (University for short). It has an Ayurvedic Deptt. consisting of Sub -departments and Laboratories of its own. Apart from imparting teaching in Graduate standards, being affiliated with Central Council of Indian Medicine, it has six years B.A.M.S. course. The petitioner was engaged/appointed as Demonstrator/Lab. Incharge in the College Laboratories attached to the Ayurvedic Department in the consolidated pay of Rs. 500/ - per month. The College authorities requested the State for regularisation of service of Demonstrators/Lab. Incharge, vide letter no. 1089 dated 29th July, 1988. The State of Bihar, in its turn, issued a letter no. 1148 dated 17th August, 1988 and asked the University to pay the scale of Graduate teacher (Rs. 850 -1360) to the six working Demonstrators/Lab. Incharge. However, vide letter no. 621 dated 22nd May, 1989, it was decided by the State not to give effect to the earlier letter dated 17th August, 1988 for the present. Subsequently, the Vice Chancellor of the University while forwarded the list of Demonstrator/Lab. Incharge, vide letter no. 7494 dated 21st December, 1994 requested to create six posts of Demonstrators/Lab. Incharge. It was rejected by the State Government, vide Memo dated 12th August, 1996. At that stage, a number of Demonstrators/Lab. Incharge of the College (Shambhu Nath Jha and others) moved this Court in C.W.J.C. No. 9917/96 and challenged the decision of the State dated 12th August, 1996. After taking into consideration the submission made on behalf of the parties, the letter dated 12th August, 1996 was set aside and the case was remitted to the State to decide their cases in the light of Full Bench decision of this Court in the case of Braj Kishore Singh, as reported in 1997 (1) PLJR 509 and the writ petition was disposed of on 4th August, 1997.

(3.) IN the impugned order, as also the counter affidavit, specific plea has been taken that the posts of Demonstrators were teaching posts and were abolished, vide State Government 'sMemo No. 1216 dated 18th September, 1975, forwarded vide Memo No. 814 dated 13th March, 1976 and only those who were appointed prior to the same were allowed to continue. Thereby, the petitioner cannot derive any benefit, as Demonstrator/Lab. Incharge from the Full Bench decision and in view of abolition of post. Jahanabad Nagar Palika Kardatee Sangrah Samiti Versus State Of Bihar