YADUNANDAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. An advertisement was published in the year 1978 for appointment to the post of Teachers Fellows (Non -Gazetted). The petitioners applied against the said posts and, thereafter, they were appointed in the year 1979 on a fixed salary of Rs. 500/ - per month. Since, their services were not regularized even after completion of about 18 years of service; they approached this Court in CWJC No. 1073/1997 for direction upon the respondents for their absorption in the post of Lecturer in the Department of Science and Technology. The said writ petition was disposed of by order dated 9.10.1998 as contained in Annexure -20 to this writ petition.

(2.) FROM perusal of the order dated 9.10.1998, contained in Annexure -20, it appears that the High Court noticed the fact that it was not disputed on behalf of the State that the petitioners were continuing in the post of Teacher Fellow since 1979 after their selection, on a fixed salary. It was held that when the petitioners were appointed through advertisement and after proper selection and they were continuing in service for almost 20 years, it would not be proper to deny regularization of their appointment on a regular scale of pay. Consequently, the direction was made to the State Government to send a fresh request to the Public Service Commission for consideration the case of the petitioners for regularization within a period of two months from the date of receipt/production of a copy of the order and the Public Service Commission was directed to consider the claim of the petitioners in proper perspective in the light of the observation made in the said order regarding grant of concurrence to their appointment.

(3.) BEING aggrieved against their fresh appointment, the petitioners made representation before the Secretary, Department of Science and Technology, Patna, Bihar to consider their cases for absorption from the date of joining as Teachers Fellows and to give them arrears of salary after making pay fixation from the date of initial joining, i.e. from the year 1979.