IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1495 of 2001 DR.KISHORE KUMAR & ANR Versus THE STATE OF BIHAR & ORS With LPA No.22 of 2002 DR.SURENDRA PRASAD SINHA Versus THE STATE OF BIHAR & ORS With LPA No.212 of 2002 DR.OM PRAKASH NARAYAN Versus THE STATE OF BIHAR & ORS With LPA No.1497 of 2001 DR.(PROF.)JAINENDRA KUMAR Versus THE STATE OF BIHAR & ORS With LPA No.1499 of 2001 DHARMENDRA NARAYAN SINGH & ANR Versus THE STATE OF BIHAR & ORS With LPA No.1515 of 2001 B.R.A.BIHAR UNIVERSITY TEACHER & Anr. Versus THE STATE OF BIHAR & ORS ----------- 46. 14/7/2008 All these appeals arise out of the common judgment dated 16.10.2001 passed by learned Single Judge in CWJC No. 9839 of 2001 and its analogous cases. We have heard Mr. Ganesh Prasad Singh, Sr. Advocate and Mr. Chitranjan Sinha Sr. Advocate on behalf of the appellants. B.R. Ambedkar University is represented by Mr. Ajay Bihari Sinha. Standing Counsel No. 20 Mr. Anjani Kumar, appears on behalf of the State. The controversy in the writ application was as to whether the lecturers whose services were absorbed in the University or the College - 2 - concerned under the three statues for regularization of services of purely temporary lecturers are entitled to take into account the period of their services rendered before absorptions. The learned Single Judge on consideration of the material on record held as follows:- ”I would, therefore, hold and direct that in case a teacher was holding the post of lecturer validly and legally on the date of his absorption, he would be entitled to the benefit of the entire previous service. On the other hand, if a lecturer was not holding the post of lecturer lawfully and validly on the date of his absorption, he would be entitled to the benefit of previous service only to the extent his previous service was in accordance with law. The State Government and the University will accordingly reconsider and review the cases of the petitioners and extend to them, in so far as permissible, the benefit of the previous service to the extent it was held lawfully and validly.” No exception can be taken to the principle enunciated above. However, we hasten to add that in case an individual lecturer is not given the benefit of previous service on the ground that he was not holding the post of lecturer lawfully, he shall be at liberty to assail the same in accordance with law. We do not find any merit in these appeals and it is dismissed in limine with the observation aforesaid. S.Ali (Chandramauli Kr. Prasad, J.) (Dr. Ravi Ranjan, J.)