Shree Chandrashekhar, J. - (1.) Heard.
(2.) Whether a teacher of an affiliated college who was not granted permanent approval by Bihar College Service Commission stands absorbed in service from the date the college became a constituent college of the university or from the date of his initial appointment, is the question raised in the writ petition.
(3.) Briefly stated, petitioner no. 1 was appointed on 31.07.1985 as lecturer in Hindi and petitioner no.2 was appointed on 24.04.1985 on the post of lecturer in the department of English. They assert that they were appointed on sanctioned vacant posts. Pursuant to the decision of the State of Bihar contained in notification dated 19.08.1986 information's were collected from affiliated colleges for taking over of all the colleges as constituent college. 30.04.1986 was the cut-off date on which if appointment was made on sanctioned vacant post or proposal for creation of additional posts on which appointment was made was forwarded by the affiliated colleges to the University and such proposals were pending with the government as on 30.04.1986, all teaching and non-teaching employees of affiliated colleges were to be absorbed. A three-men committee was constituted by the State government for undertaking a similar exercise, however, in the mean-time a vigilance enquiry was initiated on the allegations that several appointments were made illegally after the State government took decision on 19.08.1986 to take over all the affiliated colleges. The State government terminated services of all such employees in the affiliated colleges which were taken over in the 4th phase and the matter was taken to the Court in C.W.J.C. No. 4021 of 1995. In the proceeding of Civil Appeal No. 6098 of 1997, when the matter reached the Supreme Court, vide order dated 12.10.2001 One Man Enquiry Commission headed by Hon'ble Justice S.C. Agarwal, retired Judge of Supreme Court was appointed to ascertain total number of sanctioned posts of teachers and non-teaching employees in all 40 affiliated colleges which were taken over as constituent colleges in the 4th phase and also to find out proposals for creation of additional posts of teachers and non-teaching employees on or before 30.04.1986 and other related issues in respect of absorption of teaching and non-teaching employees.;