KEDAR NATH RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. R. Krishna, learned counsel appearing for the petitioner and Mr. Sohail Anwar, learned Senior Advocate, for the University and Dr. M.K. Laik, learned Senior S.C. -I for the State respondents and with their consent, this writ petition is being disposed off at this stage.

(2.) THE six petitioners are said to be working continuously and without any break as Laboratory Assistant in the S.R.T. College, Dhamri at Godda. This fact has not been disputed by any of the respondents. The only stand is that these petitioners have been working on daily wages without regular pay scale in as much as the Government has not yet sanctioned these posts. However, a letter dated 06.05.1990 (Annexure 8) issued by the Bhagalpur University goes to show that the University had written a letter to various authorities including the Heads of the P.G. Department etc. and also to members of all constituent colleges of the Bhagalpur University informing them that cases for regularization of non teaching staffs appointed under the staffing pattern should be paid the minimum of pre -revised scale of pay but not less than Rs. 815/ - for the 3rd grade and Rs. 525/ - for the 4th grade till posts were created or till these employees were regularized in their services.

(3.) THE overall scenario therefore which emerges is that, as on date, except the petitioner No. 4, the others have rendered the continuous service for 25 years whereas the petitioner No. 4 has put in about 22 years. However, the fact that the petitioners have been working on "staffing pattern" would be evidently from letter dated 15.01.1992 as contained in Annexure 10 (relevant at page 66 which is the list containing names of the petitioners).