DR. VIJAY PRAKASH SHARMA Vs. DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR AND ORS.
LAWS(JHAR)-2002-9-108
HIGH COURT OF JHARKHAND
Decided on September 26,2002

Dr. Vijay Prakash Sharma Appellant
VERSUS
Department Of Human Resources, Govt. Of Bihar And Ors. Respondents

JUDGEMENT

M.Y. Eqbal, J. - (1.) Petitioner seeks declaration that the post of Research Associates created and sanctioned by the University Grant Commission under the Scheme, provided by the Commission, is to uplift the department of Anthropology of the Ranchi University's Centre of Advanced Studies with a clear condition that the entire financial Liability shall be borne by the State Government. Petitioner also seeks declaration that letter issued by the Joint Secretary dated 20.9.1988 is arbitrary and ultra vires under Articles 14, 16, 21 and 300 -A of the Constitution, Consequently, petitioner has also prayed for quashing the order dated 13.4.1994 whereby his services was terminated by respondent -Ranchi University.
(2.) The facts of the case lie in a narrow compass.
(3.) The University Grant Commission (in short UGC) under the scheme of "Special Assistance" to the Centre for advanced studies sanctioned certain posts of Research Associates. The posts were advertised and petitioner who applied for the said post was selected and letter of appointment dated 26.8.1986 was issued appointing him as Research Associates. In 1989 the pay of the petitioner was revised and was granted lecturers' pay scale. It is contended that the State Government by letter dated 26.9.1988 accepted the scheme and agreed to take the liability. However, all of a sudden the University issued the impugned letter terminating the services of the petitioner on the ground that the State Government has refused to take over the liabilities of Centre for advanced studies.;


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