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Patna High Court · body

2006 DIGILAW 37 (PAT)

Ashok Singh v. Union Of India

2006-01-09

NARAYAN ROY

body2006
Judgment 1. Heard Mr. Siya Ram Shahi, learned counsel for the petitioners, learned counsel for the Patna University, learned counsel for National Institute of Technology and learned Additional Standing Counsel for the Central Government. 2. The petitioners have prayed for issuance of a writ of mandamus commanding upon respondent nos. 2 and 4 to take over their services in view of their regularisation vide order, as contained in annexure 5. 3. It is submitted by learned counsel for the petitioners that the petitioners initially were engaged in between 1983-86 by the respondent Patna University on consolidated basis to work in Centre for Water Resources Studies (hereinafter to be referred to as "CWRS"), a wing in the erstwhile Bihar College of Engineering, Patna and the petitioners continued to work. Subsequently, regular pay scale meant for Class III and Class IV employees were paid to the petitioners and, ultimately, the posts, against which they were working, were sanctioned by the Science and Technology Department, Government of Bihar, Patna, which is the nodal Department to control the affairs of the Bihar College of Engineering, Patna. The petitioners thereafter were considered for absorption on regular basis on their respective posts and the respondent University vide its resolution, as contained in annexure 5, dated 28.1.2004 regularised their services on permanent basis. But, simultaneously, the Bihar College of Engineering was taken over by the Central Government.and it was named as National Institute of Technology (hereinafter referred to as NIT), Patna vide notification dated 28.1.2004 itself. The petitioners after taking over of the Bihar College of Engineering made representation before the NIT, Patna for take over of their services, which was refused, they then requested the respondent Patna University to utilise their services, but there also they have not been accommodated. Learned counsel further submitted that the Bihar College of Engineering was taken over by the Central Government and named as National Institute of Technology, Patna with all its assets and liabilities, both movable and immovable and since the CWRS was also taken over as one of the infra" structures of the NIT, Patna, petitioners services stand automatically taken over alongwith CWRS and they are liable to be treated as employees of the NIT, Patna. 4. Counter affidavits have been filed on behalf of the respondent Patna University and also NIT, Patna. 4. Counter affidavits have been filed on behalf of the respondent Patna University and also NIT, Patna. In the counter affidavit of the respondent Patna University, it is precisely stated that the petitioners initially were daily wage employees of the erstwhile Bihar College of Engineering and the posts were sanctioned by the Department of Science and Technology, Government of Bihar, and since the erstwhile Bihar College of Engineering has been taken over by the Central Government and upgraded as NIT, the liability is shifted to the Central Government and the NIT, Patna to absorb the services of the petitioners against the sanctioned vacant posts. 5. In the counter affidavit filed on behalf of the NIT, Patna, it is stated that CWRS since was a wing of the Patna University and it worked as an autonomous body, services of its employees, who were working on daily wages, were not taken over, and, therefore, NIT, Patna would not be in a position to utilise their services as employees of the erstwhile Bihar College of Engineering. From Annexure A to the counter affidavit filed on behalf of NIT, Patna, it is manifest that all the assets and liabilities of the Bihar College of Engineering both movable and immovable were taken over by the Central Government and the liabilities shifted upon the NIT, Patna. 6. It is not in dispute that CWRS has also been taken over by the Central Government as wing of the NIT, Patna. No sooner CWRS was taken over and treated to be a wing of the NIT, Patna, by deeming fiction the employees of CWRS would be deemed to be the employees of the Centre, which is integral part of the NIT, Patna. 7. There is no controversy that CWRS had not exclusively worked for erstwhile Bihar College of Engineering, where research works were being carried out and posts were created by the Science and technology Department, Government of Bihar. 8. Posts in Pr.tna University are created and sanctioned by the Higher Education Department, Government of Bihar and not by the Department of Science and Technology, Government of Bihar. Obviously, therefore, posts, which were sanctioned by the Department of Science and Technology, Government of Bihar, on which the petitioners were working in CWRS, were meant for the erstwhile Bihar College of Engineering and it, thus, became the assets and liabilities of the NIT, Patna, which is an autonomous body. Obviously, therefore, posts, which were sanctioned by the Department of Science and Technology, Government of Bihar, on which the petitioners were working in CWRS, were meant for the erstwhile Bihar College of Engineering and it, thus, became the assets and liabilities of the NIT, Patna, which is an autonomous body. 9. Regard being had to the facts and circumstances of the case and for the reasons aforementioned, the NIT, Patna is directed to take over the services of the petitioners on their respective posts and utilise their services on regular basis and pay their remuneration including arrears of pay in accordance with law. 10. This exercise, however, must be completed by the NIT, Patna within a period of three months from the date of receipt/production of a copy of this order. 11. With the direction/observation aforesaid, this application is disposed of.