Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has prayed for following reliefs: (a).For quashing office order as contained in memo dated 16.09.2005 whereby the petitioner has been shown to be absorbed on the post of Peon since 01.05.1986; (b).For issuance of writ of mandamus commanding upon the respondents to absorb the petitioner in Grade III post taking into consideration that the petitioner is working since 1979 in Grade III post and his service has been regularized by the Committee w.e.f 01.04.1983 and further he has been working against the sanctioned and vacant post of Grade III before the cut off date i.e. 30.04.1986 pursuant to the report of Justice S.C. Agarwal Committee. (c).For direction upon the respondents to pay the arrears of salary, which is due upon the respondents due to difference of the Grade. During pendency of writ application, the petitioner by way of filing I.A. No. 2166 of 2013, the petitioner has sought for amendment in the prayer portion of the writ application, to the effect that: (d)For direction upon the respondents to pay salary of the petitioner w.e.f June 2011 till date, which was stopped by the respondents-authorities without issuance of any show cause notice; The said Interlocutory application has been heard along with the instant writ application.
(2.) The facts, as delineated in the writ application, in brief is that initially the petitioner was appointed on 08.12.1979 by the Governing Body of Markham College of Commerce, Hazaribagh as Store Keeper i.e. Grade III post and his services was regularized on the said post w.e.f. 01.04.1983 vide letter dated 10.07.1983. It has further been averred that altogether 37 affiliated colleges were converted into constituent college along with Markham College of Commerce, Hazaribagh in the year 1986 in which the petitioner was working. It has further been averred that matter of absorption of about 4000 employees working on teaching and non-teaching posts in colleges affiliated to various university, which were made constituent as per the provision of Bihar University Act, 1976 came up before the Hon'ble Patna High Court and the matter went up-to Hon'ble Apex Court in Civil Appeal No. 6098 of 1997, in which, a High Power Commission under the chairmanship of Hon'ble Mr. Justice S.C. Agarwal, retired Judge of Supreme Court of India, was constituted, which submitted its report before the Hon'ble Court and the same was accepted. It has further been submitted that in terms of the reference in particular reference no. 4, the name of the petitioner finds place in list no. (i) i.e. list of nonteaching staff working against sanctioned post prior to 30.04.1986 and for the Markham College of Commerce, Hazaribagh, his name was found at serial no. 8 as Store Keeper and shown to have been working against sanctioned post of Store Keeper from the initial date of joining i.e. 10.12.1979.
(3.) It has further been submitted that petitioner along with other Grade III employees was working in Grade III post and receiving salary till February, 2007 but all of a sudden from March, 2007 his salary was lowered down, against which, the petitioner represented before the authorities on 25.04.2007 but it did not evoke any response. However, in the year 2011, the petitioner came to learn that in the year 2005 vide order dated 16.09.2005 issued under the signature of respondent no. 5-the Registrar, Vinoba Bhave University the petitioner has been shown to be absorbed on the post of Peon i.e. Grade IV since 01.05.1986, which is impugned in this case.;