STATE OF BIHAR Vs. RADHA K JHA
SUPREME COURT OF INDIA (FROM: PATNA)
STATE OF BIHAR,RADHA KRISHNA JHA
STATE OF BIHAR,RADHA K.JHA
Click here to view full judgement.
Brijesh Kumar, J. -
(2.)The above noted two appeals arise out of the judgment and order dated 9-12-1998 passed in LPA No. 274 of 1997 by a Division Bench of the Patna High Court. The dispute pertains to the question as to whether or not the Lab Assistants, could be redesignated and treated as Demonstrators and be entitled to all such benefits, pecuniary and otherwise in the matter of promotion etc.
The Lab Assistants/Technicians/Incharges/Instructors in different Colleges under Ranchi University filed a writ petition C.W.J.C. No. 387/95 in Patna High Court with a prayer that a direction be issued to re-designate them as demonstrators with all benefits and promotional avenues as well. The learned single Judge by judgment dated 7-9-1995 allowed the writ petition in the following terms :
"The writ application must succeed. Accordingly, mandamus is issued to the respondents 1 to 2 to pass appropriate orders on the representation of the Ranchi University in the light of the decision of the Supreme Court and the decision of this Court referred to above. They are given three months time to pass final orders. There will be no order as to costs."
(3.)The learned single Judge while issuing the above direction, apart from other facts relied upon, a decision of the Division Bench of the Patna High Court in C.W.J.C. No. 522/79 Sindeshwari Prasad Singh and others vs. State of Bihar and others decided on 2-7-80. The graduate Laboratory Assistants in Musaffarpur Institute of Technology were directed to be paid UGC scales for the post of Demonstrator. The learned single Judge has also relied upon and elaborately quoted from the judgment of the Supreme Court in Civil Appeal No. 2530/93 by which Laboratory Instructors were accorded status of the demonstrators and that of the teaching staff. The learned single Judge held that the decision of the Supreme Court and that of the Division Bench in the case of Sindeshwari Prasad Singh (supra) are fully applicable to the facts of the present case. As noted, earlier, ultimately a direction was given to State to decide the representation in the light of the aforesaid decisions. The learned single Judge had also observed about the qualifications of the appellants-Lab Assistants, most of whom are Ph.D in different subjects. It was also noted that the State Government had failed to file any counter-affidavit. The Ranchi University had filed its counter-affidavit indicating that it had recommended the cases of appellants to the State Government for taking a decision in the matter vide letter dated 1-10-1994.
Copyright © Regent Computronics Pvt.Ltd.