- (1.) THIS appeal has been preferred by the appellants against the judgment and order dated 12.12.2007 passed by the learned Single Judge in W.P.(S) No. 7002 of 2002, whereby the learned Single Judge had been pleased to dismiss the writ petition, imposing a cost of Rs. 100/ - each on the petitioners -appellants herein.
(2.) THE background and the circumstances under which this appeal has been preferred indicated that the petitioners -appellants had been appointed on Class -IV post and started discharging their duties, after they were selected ever since 1983. However, a controversy arose whether the petitioners -appellants had been appointed on sanctioned post and whether they are fit to be continued in service, which gave rise to the filing of a writ petition bearing CWJC No. 3739 of 1995R for directing the State Government and the University to sanction non teaching post of Laboratory Boy/Gas Man with retrospective effect in B.S.K. College, Maithan and for other consequential relief. The University objected to the plea of the petitioners -appellants and submitted that the petitioners -appellants were not in service since 1991 and their names did not appear in the pay roll, which was confronted by the petitioners -appellants. The aforesaid writ petition, however, was finally disposed of by the order dated 17.3.1998, whereby the learned Single Judge was pleased to hold that the petitioners could not have been granted any relief as they had no right over the post on which they claimed to have been appointed and continued in the service. The learned Single Judge further held in regard to the continuance in the service that there is a strong controversy and such dispute cannot be decided under the writ jurisdiction. The learned Single Judge thus disposed of the writ petition but was pleased to make certain observation to the effect that if any post is created for Laboratory Boy/Gas Man, then the petitioners' case must be taken on priority basis for absorption against the posts if created in near future, considering their previous experience and circumstances. Pursuant to the aforesaid observation, the University issued a Notification dated 14/15.10.1998 indicating therein that the services of the petitioners were regularized w.e.f. 17.11.1997 and it also indicated that the University will pay salary to the petitioners in the regular scale w.e.f. 17.11.1997 for which period the petitioner had actually worked and performed duty, including the current salary.
(3.) THE ordeal for the petitioners -appellants did not end even after the aforesaid Notification as the petitioners -appellants were not paid their salary by the University in spite of the said Notification. This led to another round of litigation when the petitioners -appellants filed a writ petition bearing CWJC No. 3845 of 2000R wherein the petitioners -appellants prayed for payment of salary to them in view of the Notification dated 14/15.10.1998 by which they have been regularized in the service of the University.;