KAUSHLENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By Court Heard learned counsel for the parties. The writ petition was originally filed by the petitioner being aggrieved by the decision indicated in the letter dated 08.03.2003 treating the petitioner as not regularized in the University service. He had sought issuance for mandamus for confirmation/regularization of his services on the post of Lecturer in English and also to grant Time Bound Promotion in prescribed scale as also arrears of salary for the period from January, 1986 to October, 1996 on implementation of the UGC pay scale and the revision made thereafter.

(2.) The said prayer was made by the petitioner in the background of facts as stated on his behalf that he was initially appointed on 22.12.1976 on leave vacancy of one Shree Janardan Prasad, Lecturer in English in K. S. College, Seraikella. Thereafter, he submitted his joining on 02.01.1977. On 27.07.1978, the post was advertised in Searchlight Newspaper. The petitioner was appointed again on 29.08.1978 on the same post of Lecturer by the governing body whereafter he submitted his joining on 01.09.1978.

(3.) According to the petitioner, Ranchi University sanctioned two posts of lecturer for the said college in English subject on 30.08.1979, Annexure-3. The petitioner's services was granted temporary concurrence from the Bihar University Service Commission on 28.01.1980 vide Annexure-4 whereas his name figures at serial no. 6 in the same English Department. The said letter imposed a condition that the concurrence is for a period effective for three months from the date of such concurrence. Thereafter, the college was taken over as a constituent college on 10/11.12.1980 by the Ranchi University by a notification of the State Government contained at Annexure-5 of the same date, which was issued in view of the decision taken by the Education Department letter no. 382 dated 24.07.1980. The petitioner has placed reliance upon the statute for regularization notified on 29.01.1986, as per which services of the purely temporary lectures appointed on or before 28.02.1982 were to be regularized after undertaking a screening process and exercise.