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1990 DIGILAW 414 (PAT)

Ramakant Singh v. State of Bihar

1990-11-23

G.C.BHARUKA

body1990
Judgment G.C. Bharuka, J. In this writ application, there are 34 petitioners. They claim to be non-teaching staff of Ramadhin College situated at Sheikhpura in the district of Munger. According to the petitioners they were appointed on different posts to the college as per decision taken by the Governing Body. The college was subsequently declared as constituent college on 24.7.1980, pursuant to an agreement entered into by the Governing Body with the State Government under the provisions of section 4(14) of the Bihar State Universities Act, 1976. 2. The case of the petitioners is that as per the sad agreement the petitioners were required to be absorbed on the posts by the Government on which they had been appointed by the Governing Body. But in violation of the said agreement they have been denied the salary since that date. By way of a supplementary affidavit a copy of an agreement entered into between the Bihar State University and Colleges Employees Federation and the Government has been filed as Annexure 11 to the application. This agreement is dated 26.4.1989. According to this agreement the Government has undertaken to regularise the services of college employees on the basis of staffing pattern. Pursuant to this agreement the services of petitioner nos. 3, 16, 22, 23, 25, 27 and 31 has already been regularised and accordingly they need no relief. So far as the cases of other petitioners are concerned, those have been referred by the Bhagalpur University to the Government under its letter no. B/4652 dated 17.9.1990 but according to the petitioners the Government is not paying any heed to the same. At this, stage the prayer has been confined to the extent that the Government should be directed to consider the claim of the petitioners according to the recommendation made by the University by the aforesaid letter, which is Annexure 13 to the writ application, at the earliest. The prayer is reasonable. 3. Accordingly, the authorities concerned who are to take decisions in this regard, are hereby directed to consider the case of the petitioners in the light of the aforesaid agreement within three month s from the date of communication of this order by the petitioner to the authorities and dispose of the same by a reasoned order. 3. Accordingly, the authorities concerned who are to take decisions in this regard, are hereby directed to consider the case of the petitioners in the light of the aforesaid agreement within three month s from the date of communication of this order by the petitioner to the authorities and dispose of the same by a reasoned order. To expedite the matter and for brining the full facts to the notice of the concerned authority it will be proper that a detailed representation is filed by the petitioners for proper appreciation of the facts and attending circumstances. Accordingly, the aggrieved petitioners are directed to file a representation to this effect within a fortnight from today along with a copy of the matter and for bringing the full facts to the notice of the concerned authority it will be proper that a detailed representation is filed by the petitioners for proper appreciation of the facts and attending circumstances. Accordingly, the aggrieved petitioners are directed to file a representation to this effect within a fortnight from today alongwith a copy of this order. 4. This writ application is accordingly disposed of. There will be no order as to cost.