SHYAM SUNDER PRASAD SINGH Vs. VINOBA SHAVE UNIVERSITY

JUDGEMENT

(1.) IN both the cases, as similar orders both dated 28th June, 2002 are under challenge, same question of law raised, they were heard together and are being disposed of by this common order.

(2.) BEFORE discussion of both the cases of the petitioners, it is necessary to look into the relevant facts for appreciation of the cases, as detailed hereunder:

(3.) HOW many teachers and nonteaching employees would be entitled to absorption on the basis of the Government letter dated 19.8.1986 and Appendix 'Kha' and the agreement entered into between the University concerned and the constituent college under Section 4(14) of the Bihar State University Act, 1976 and other orders of Government. 3. During pendency of this appeal the concerned teachers and other employees who would be affected by the ultimate outcome of the proceedings before us will get their full salary along with admissible allowances and other benefits subject to any other order made by this Court. It is made clear that the services of the teaching and non -leaching staff shall not be disturbed during the pendency of the proceedings. The State Government of Bihar and Jharkhand shall share the expenses of the enquiry to be conducted by Hon'ble Mr. Justice S.C. Agrawal and his remuneration may be paid as may be fixed by him. Each State Government shall present all evidence and material pertaining to the inquiry before the learned Judge within three weeks after he fixes the date of inquiry. The inquiry shall be completed as expeditiously as possible preferably not later than six months. 4. List after the report of the inquiry is received." 3. Petitioner, Shyam Sunder Prasad Singh of C.W.J.C. No. 2958 of 2000 was appointed as founder lecturer (Commerce) on 7th October, 1985 in Adarsh College, Raj Dhanwar, Giridih, a private affiliated college. At that time he had appeared in M.Com. examination so the college authorities stipulated payment of salary on publication of result which was published on 17th May, 1986. The petitioner Shyam Sunder Prasad Singh thus become eligible for appointment as teacher w.e.f. 17th May, 1986.