IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4329 of 1994 NAWAL KISHORE SINGH, SON OF SHRI TEJ NARAYAN SINGH, RESIDENT OF VILLAGE- TRILOKWA, P.S. KESARIYA, DISTRICT- EAST CHAMPARAN……………….. PETITIONER Versus 1. STATE OF BIHAR, THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA. 2. SECRETARY, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 3. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, THROUGH ITS REGISTRAR, MUZAFFARPUR. 4. VICE-CHANCELLOR, BABA SAHEB BHIMRAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR 5. PRINCIPAL,S.N.S. COLLEGE, MOTIHARI……. RESPONDENTS ----------- Counsel for the petitioner :- Mr.R.N. Mukherjee Counsel for B.R.A. University Bihar:- Mr. Ajay Bihari Sinha ---------- 8 24-9-2010 Heard the parties. The petitioner is said to have been appointed on the post of Laboratory Incharge in Chemistry Department of S.N.S. College Motihari on 3rd. July, 1980. At that time the college was an affiliated college under the respondent- University and admittedly it became a constituent college in the year 1981. The prayer of the petitioner is to direct the respondent to act in accordance with staffing pattern laid down for Science Departments by the Bihar Inter- University Board read with State Government’s letter dated 17th August, 1979 and to sanction the post in question in the Chemistry Department of the said college in accordance with the staffing 2 pattern and the resolution of the respondent-State dated 10th May, 1991. Petitioner has further prayed for a direction to the respondents to consider his case for regularization on the same lines as done in the case of similarly situated non- teaching employees of the college after posts were sanctioned and to pay salary to the petitioner including arrears. This writ petition was filed in the year 1994 and considering the defence taken by the University in its counter- affidavit that Section 35 of the Bihar Universities Act,1976 prohibits appointment of non-teaching staff also unless the post has been sanctioned and prior permission has been taken by the State Government,admitted the writ petition for hearing. It has been submitted on behalf of petitioner that an identical case of non- teaching employees of Jagdama College, Chapra fell for consideration of this court in the case of Braj Kishore Singh and others Vrs. State of Bihar. That judgment is reported in 1997 (1) PLJR 509. It has been pointed out on the basis of that judgment of the Full Bench that it would be unreasonable to insist on prior approval of the State Government in the matter of creation of posts within the 3 framework of the staffing pattern. In that judgment this court has held that if appointments are made as per staffing pattern, then such appointments will not be violative of Section 35 and cannot be held illegal on the ground that posts have not been sanctioned by the State Government provided persons possess eligibility and suitability etc. After considering all aspects of the matter in paragraph- 32 of that judgment it was further held that when persons have continued in service for more than 17 years, it would not be appropriate for the State Government to consider the validity of such appointment already made, for the purpose of granting/ refusing post-facto approval after such a long lapse of time. It was held that if the persons had the requisite qualifications, then if any initial appointment was not in accordance with rule but the appointee continued in service un-interrupted for long period till regularization, the entire period spent in service will be counted for consequential benefits and such appointee will be entitled to have his services regularized against such post within the staffing pattern. In the facts of the case it is not in dispute that case of the petitioner requires consideration in the light of 4 aforesaid judgment of the Full Bench and to take a different view would amount to discrimination against the petitioner because large number of cases involving similar claims have been considered by this Court and thereafter allowed by the concerned University in the light of aforesaid Full Bench judgment. Petitioner should not be made to suffer because this writ petition was admitted and therefore remained pending. Hence, this writ petition is disposed of with a direction to the respondent-University and authorities of the State of Bihar to take required decisions in respect of regularization and consequential benefits, in the light of Full Bench Judgment in the case of Braj Kishroe Singh Vrs. State of Bihar ( supra ) within a period of four months from the date of production/communication of a copy of this order before the Registrar of the concerned University. Naresh ( Shiva Kirti Singh, J.) ( Hemant Kumar Srivastava,J)