VIJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Petitioner has approached this Court with following prayers:-

(3.) The factual exposition as has been delineated in the writ petition is that the petitioner having the requisite qualification for appointment to the post of Lecturer in the Markham College of Commerce, Hazaribagh appeared before the governing body in view of letter No. 3 dated 26.06.1981. After perusal of the documents of the petitioner, the governing body selected the petitioner for his appointment and letter to that effect also issued by the Principal of the said College. On receipt of the letter of appointment dated 19.07.1981, the petitioner joined the post of temporary lecturer on 20.07.1981 and has been continuing on the said post uninterruptedly without any break in service. It has been stated that Markham College of Commerce was a part of the Ranchi University and as such, the Deputy Registrar of the Ranchi University vide its letter dated 10.04.1986 contained in letter No. 2004-18 directed all the Principals of the affiliated Colleges including the said Markham College to send the cases of temporary lecturers, if any, who fulfilled the requirement of the statutes in the proforma annexed along with all relevant documents/ papers to the undersigned on or before 31.05.1986. The same was done in view of the provisions enshrined in the "Statutes for Regularization of the Services of Purely Temporary Lecturers Appointed on or Before 28th February, 1982", as approved by the Chancellor vide letter No. BSU/25/85-282-GS(1) dated 29.01.1986. The said Statute was also applicable in the case of petitioner in view of the fact that petitioner was appointed on 20.07.1981 i.e. prior to 28.02.1982. It has been further stated that the issue of regularization fell for consideration before the Hon'ble Patna High Court in case of Bihar Rajya M.S.E.S.K.K. Mahasangh Vs. the State of Bihar & Ors., 1997 1 PLJR 533 and the Hon'ble Court disposed of the writ petitioner with certain observations and directions to the Universities for taking steps in accordance with the communication of the State Govt. In the meantime, Vinoba Bhave University came into existence and the said University issued notification dated 04.08.1998, in which the name of the petitioner appears at Sl. No. 25 and the date of regularization of the petitioner was shown as 08.01995. Aggrieved by the date of fixation of regularization in case of the petitioner, the petitioner represented before the University and the same was corrected and the date of initial appointment i.e. 20.07.1981 was notified to be the date of regularization.