S.N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with a prayer for absorbing the services of the petitioner on the post of Registrar-cum-Accounts Officer in the pay-scale of Rs.6500-10500 w.e.f. 31.01.1991. Further prayer has also been made for a direction upon the respondents to release the arrears of difference of salary w.e.f. 31.01.1991 along with interest.
(3.) The petitioner has joined his service on 01.04.1985 on the post of Deputy Registrar in the scale of Rs.1000-1820. Thereafter, vide notification No. 11 dated 07.04.1986, the petitioner had been posted as Hostel Supervisor in the scale of Rs.880-1510. The petitioner was working in the pay scale of Rs.880-1510 till 31.01.1991 and was getting his regular service till then. Thereafter, an ordinance for taking over all private Engineering College have come in the year 1986 and accordingly, three private Engineering Colleges namely, Indian Engineering College, Motihari, Magadh Engineering College, Gaya and J.M.IT., Darbhanga had been taken over by the State on 09.12.1986 and thereafter, for absorbing the services of its employees, One Screening Committee was constituted and on the recommendation of the said Committee, the services of some of the employees had been absorbed and services of some of the other employees had been retrenched. The employees whose services had been retrenched had moved before the Hon'ble Patna High Court in C.W.J.C. No. 1316 of 1991 and another analogous case and the said writ petitions were allowed on 06.05.1996. The State had challenged the said order dated 06.05.1996 before the Hon'ble Division Bench by preferring Letters Patent Appeal, which also stood dismissed vide order dated 28.09.1998. Against the order of the Division Bench, the State preferred SLP No. 1189-96 of 1999 before the Hon'ble Apex Court and the Hon'ble Apex Court dismissed the said SLP vide its order dated 05.02.1999.;