Amarkant Rai vs State Of Bihar & Ors

3. Brief facts which led to the filing of this appeal are as follows:- The appellant was appointed temporarily in Class IV post of Night Guard, on daily wages vide Office Order dated 04.06.1983 issued by Principal, Ramashray Baleshwar College (for short "College"), Dalsang Sarai, affiliated to Lalit Narayan Mithila University(for short "University"), Bihar. The University vide letter dated 04.07.1985 took a decision to regularize the persons who worked for more than 240 days, and as per the letter dated 30.03.1987, as per which employees who have been working for a period for more than one year need to be regularized. Thereafter, the Additional Commissioner-cum- Secretary, Bihar passed a settlement dated 11.07.1989 and forwarded a copy of the same to the Vice Chancellors of the Universities, wherein it was stated that the services of employees working in educational institutions as per the staff pattern, can be regularized, further imposing a condition that new appointments against the vacancies present and in future should not at all be done. Principal, Ramashray Baleshwar College requested the Registrar of the University to regularize the services of appellant vide letter dated 07.10.1993; but the Registrar passed an Order of termination dated 01.03.2001. A Writ Petition No.9809/1998 was preferred by few similarly placed daily wagers in the High Court. As per the directions issued by the High Court, the Registrar of the University vide letter dated 22.12.2001 allowed all the daily wagers to resume their jobs from 03.01.2002 and the appellant also joined his duties.

4. The Principal of the College again vide letters dated 08.01.2002 and 12.07.2004 recommended for absorption of the appellant against the two vacant posts. In pursuance of the High Court Order in CWJC No. 5774/2000, he was given opportunity to appear before the Three Members Committee constituted by the Vice-Chancellor for consideration of his claim for regularization of services, but the same was rejected as it was not in consonance with the Recruitment Rules laid down by the Constitution Bench judgment in Secretary, State of Karnataka & Ors. v. Umadevi (3) & Ors., (2006) 4 SCC 1 and the same was informed to the appellant by the Registrar vide letter dated 25.11.2007. Appellant approached the High Court by way of Writ Petition (civil) No. 545/2009 and the same was dismissed vide Order dated 26.8.2011 observing that it is a clear case of violation of Section 10(6) and Section 35 of the Bihar State Universities Act, 1976 and there is no illegality in the order passed by the Three Members Committee. Aggrieved by it, the appellant preferred LPA No. 1312/2012 which was dismissed in limine confirming the order dated 26.08.2011. In this appeal, the appellant seeks to assail the above order.

16. The impugned order of the High Court in LPA No.1312 of 2012 dated 20.02.2013 is set aside and this appeal is allowed. The authorities are directed to notionally regularize the services of the appellant retrospectively w.e.f. 03.01.2002, or the date on which the post became vacant whichever is later and without monetary benefit for the above period. However, the appellant shall be entitled to monetary benefits from 01.01.2010. The period from 03.01.2002 shall be taken for continuity of service and pensionary benefits.

17. The appeal is allowed in terms of the above. No order as to costs.