STATE OF BIHAR Vs. RADHA K JHA
LAWS(SC)-2002-7-49
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on July 22,2002

STATE OF BIHAR,RADHA KRISHNA JHA Appellant
VERSUS
STATE OF BIHAR,RADHA K.JHA Respondents


Cited Judgements :-

SUMITRO ADHIKARY VS. WEST BENGAL BOARD OF SECONDARY EDUCATION & ORS [LAWS(CAL)-2019-4-20] [REFERRED TO]
ARUN KUMAR HAZRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-1-43] [REFERRED TO]
BIRANCHI NARAYAN NANDA VS. STATE OF ORISSA [LAWS(ORI)-2006-5-1] [REFERRED TO]
GAURI SHANKAR INDANE SERVICE KUCHAIKOTE VS. INDIAN OIL CORPORATION LTD [LAWS(PAT)-2021-1-3] [REFERRED TO]
DY. GENERAL MANAGER VS. GENERAL SECRETARY, DAILY WAGES BANK EMPLOYEES ASSOCIATION [LAWS(MPH)-2016-11-83] [REFERRED TO]
BHOLA PRASAD CHAUDHARY VS. STATE OF JHARKHAND [LAWS(JHAR)-2004-4-38] [REFERRED TO]
STATE OF RAJASTHAN VS. KRISHNA KUMAR [LAWS(RAJ)-2022-9-219] [REFERRED TO]
AKHAURI BIJAY PRAKASH SINHA VS. STATE OF BIHAR [LAWS(PAT)-2014-1-6] [REFERRED TO]
S.P. SINGH AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2010-1-209] [REFERRED TO]
UMA SARKAR & ANR VS. CENTRAL BANK OF INDIA & ORS [LAWS(CAL)-2019-4-82] [REFERRED TO]
B. NONGRUM VS. GOVERNMENT OF MEGHALAYA [LAWS(MEGH)-2014-3-10] [REFERRED TO]
ANITA SHARMA VS. STATE OF J&K [LAWS(J&K)-2011-12-32] [REFERRED TO]


JUDGEMENT

Brijesh Kumar, J. - (1.)Leave granted.
(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.


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