Judgment 1. The petitioner, Bishundeo Mandal, was engaged as a purely temporary Lab. Boy in the Department of Chemistry in T.N.B. College, Bhagalpur, vide Office Order No. 22 dated 27th March, 1971. Since then he continued to function on daily wage. 2. The Principal of the T.N.B. College subsequently issued an order on 17th October, 1987, whereby and whereunder the services of a number of daily wage employees, including petitioner were regularised by placing them in the prescribed scale of Rs. 375- 480/-, as was admissible to Class-lV employees. The matter when placed before the University (the then Bhagalpur University), the Vice Chancellor approved the same and allowed payment of salary in favour of petitioner, vide Universitys letter dated 11th/13th February, 1991 (Annexure-6). 3. It appears that when the petitioner applied for salary in terms with revision as made in pursuance of recommendation of 5th Pay Revision Committee/Fitment Committee, the matter was referred to the University. 4. No relief having granted, the petitioner had to move this court in C.W.J.C. No. 7945/97. This Court vide order dated 9th March, 1998 taking into consideration all aspects; date of appointment of petitioner; and the grievance, asked the petitioner to file a representation before the authority and the Vice Chancellor was directed to decide the same taking into consideration the long period of service rendered by the petitioner. 5. On such remand, the Vice Chancellor rejected the claim of petitioner and others on the ground that the petitioner and others were engaged in 1971 illegally. No procedure of appointment was followed. 6. The aforesaid order of rejection dated 20th August, 1999 (Annexure-1) is under challenge in the present case, wherein by interim order dated 26th April, 2000 when the Court directed the Respondents not to disturb the petitioner and other similarly situated employees of the College who are on the roll of the College for more than 20 years, directed the University to place the cases of petitioner and other similarly situated non- teaching employees of the College before an appropriate Committee and to pass appropriate order thereon, relasting to regularisation of their services within six weeks. 7. The University in their counter affidavit while stated that the matter has now been placed before the appropriate Committee for consideration of the case of petitioner and others for regularisation of their services/regular appointment, and is under consideration. 8.
7. The University in their counter affidavit while stated that the matter has now been placed before the appropriate Committee for consideration of the case of petitioner and others for regularisation of their services/regular appointment, and is under consideration. 8. In the facts and circumstances and in view of the fact that the petitioner is continuing in the services for more than 29 years, I direct the Univesity not to disturb the petitioner in pursuance of the impugned order dated 20th August, 1999 (Annexure-1) and the consequential orders, as contained in Annexures-2 and 3. All such orders, as contained in Annexure-1, 2 & 3 are set aside. 9. The matter is remitted to the University to consider the case of the petitioner and other similarly situated persons working on daily wage basis for more than 20 years for regularisation of their services/regular appointment, without being influenced by the legality and propriety of their appointment, if within a period of three months from the date of receipt/ production of a copy of this order. If so necessary, they will relax the age of petitioner and other similarly situated persons 10. Till the question relating to regularisation of service of petitioner/regular appointment is decided, the petitioner will get salary as he was getting prior to the impugned order dated 20th August, 1999. 11. The Vice Chancellor of the University is to ensure compliance of this order. 12. The writ petition is allowed with the aforesaid observations and directions.