RAM NARESH PRASAD AND Vs. VINOBA BHAVE UNIVERSITY, HAZARIBAGH THROUGH ITS VICE CHANCELLOR, THE REGISTRAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order dated 12.12.2007 passed by the learned Single Judge in W.P.(S) No. 7002 of 2002, whereby the learned Single Judge had been pleased to dismiss the writ petition, imposing a cost of Rs. 100/ - each on the petitioners -appellants herein.

(2.) THE background and the circumstances under which this appeal has been preferred indicated that the petitioners -appellants had been appointed on Class -IV post and started discharging their duties, after they were selected ever since 1983. However, a controversy arose whether the petitioners -appellants had been appointed on sanctioned post and whether they are fit to be continued in service, which gave rise to the filing of a writ petition bearing CWJC No. 3739 of 1995R for directing the State Government and the University to sanction non teaching post of Laboratory Boy/Gas Man with retrospective effect in B.S.K. College, Maithan and for other consequential relief. The University objected to the plea of the petitioners -appellants and submitted that the petitioners -appellants were not in service since 1991 and their names did not appear in the pay roll, which was confronted by the petitioners -appellants.

(3.) THE ordeal for the petitioners -appellants did not end even after the aforesaid Notification as the petitioners -appellants were not paid their salary by the University in spite of the said Notification. This led to another round of litigation when the petitioners -appellants filed a writ petition bearing CWJC No. 3845 of 2000R wherein the petitioners -appellants prayed for payment of salary to them in view of the Notification dated 14/15.10.1998 by which they have been regularized in the service of the University.