UMA SHANKAR UPADHYAYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to send the name of petitioners of the Department of History of the college in question to Jharkhand Academic Counsel for absorption and regularization and to take appropriate steps to facilitate the petitioners in the aforesaid college as lecturers; and for direction upon the respondents for high power enquiry by respondent nos. 1 and 2 through vigilance/CBI into the malfunctioning of the aforesaid college whose G.B and authorities have appointed some illegible teachers, who are kith and kins and favourite of the authorities of the college; as also for direction upon the respondents to pay the petitioners' salary and other consequential benefits from which they have been deprived of.

(2.) The facts, as delineated in the writ application in brief is that petitioner no. 1 was appointed vide letter 30/7/1984 w.e.f 7/8/1984 as lecturer in Department of History, Sonbhadra Adarsh Mahavidyalya (Inter College), Kandi, Garhwa and his services was subsequently confirmed on the recommendation of Bihar College Service Commission, Patna vide letter dtd. 29/1/2001 and 29/8/2001. Petitioner no. 2 was appointed on the post of lecturer in the department of History vide letter dtd. 25/3/1986 and his services was confirmed by the Governing Body its meeting dtd. 18/4/1986. But, the Principal on the dictates of the Secretary and upon some political pressure did not not allow the petitioners since 2004 to do teaching job, for which the petitioners represented before the Principal and Secretary of the aforesaid college for sending their names with all documents to the Jharkhand Academic Council and to pay salary but it did not evoke any response.

(3.) Learned counsel for the petitioners submitted that authenticity, validity and permanency of the petitioners' service in the aforesaid college is also authenticated and corroborated vide affidavit, made before notary public, dtd. 15/10/2005 by the ex-principal of the said college. It has further been submitted that though the petitioners are founder members/lecturers constituting permanent commissioning lecturers of the aforesaid college but due to some political inclination and prejudice of the Secretary and Principal of the college hurdles have been created in their peaceful working in the college. It has further been submitted that the respondent no. 3-Governing Body particularly the Secretary and Principal of the aforesaid college have acted malafidely, arbitrarily by not sending their names to the Jharkhand Academic Council and H.R.D Department to suit their vested interest. It has further been submitted that the petitioners are entitled for resuming their duties being founder and permanent teachers of the aforesaid college, who are forcefully and illegally being prohibited by the authorities of the Governing Body i.e. Principal and Secretary; as such they are entitled to get payment of back wages as they are going to their duty on every working day but they have been forcefully by muscle power and coercive methods and threats of life being debarred from performing their duty.