- (1.) Heard the learned Counsel appearing for the parties and with their consent this appeal is disposed of at the admission stage itself.
(2.) The appellants have challenged the impugned judgment passed by the learned Single Judge in W.P. (S) 48 of 2009. For better appreciation the impugned judgment dated 16.1.2009 is quoted herein below: The present writ petition has been preferred for the following reliefs: (a) For issuance of appropriate writ, order or direction upon the respondents to send the name of the petitioners of the Department of History of the aforesaid college to Jharkhand Academic Council for absorption and regularization of their services in the light of the fact that they are permanent teachers of the aforesaid college, whose names have not been sent to the Jharkhand Academic Council, Ranchi so far; (b) For issuance of appropriate writ, order or direction upon the respondents to take appropriate steps to facilitate the petitioners in the aforesaid college as lecturers in amicably atmosphere from which they are being continuously hindered, prevented and forcefully deprived from working in the college and performing their duties even after their repeated personal and written submissions and representations to the authorities concerned particularly to the Principal, the Secretary and the Chairman of the Governing Body of the aforesaid college though the petitioners have been regularly going to the college for performing their duties; (c) For issuance of appropriate writ, order or direction upon the respondents for high power enquiry by respondent Nos. 1 and 2 through vigilance/CBI into the malfunctioning of the aforesaid college, whose G.B and authorities have appointed some illegible teachers, who are kith and kins and favorite of the authorities of the college, by violating the due process, rules and regulations of the Jharkhand Academic Council, Ranchi and by preventing and trying to throw out the old founder teachers of the aforesaid college, which the petitioners are; (d) for issuance of appropriate writ, order or direction upon the respondents to pay the petitioner's salary and other consequential benefits from which they have been deprived of; (e) For issuance of appropriate writ, order or direction upon the respondent Nos. 1 and 2 to take disciplinary actions against the erring authorities of the respondent No. 3 for its malfunctioning, vagaries, arbitrariness, malafides violation of the fact and statutes, Government Rules and Jharkhand Academic Council Rules and Regulations. After some argument, learned Counsel for the petitioners submits that he is mainly pressing a prayer and rest of the prayer can be ignored. The main contention raised by the learned Counsel for the petitioners is that they are confirmed and permanent teachers and thus entitled to regularization/absorption. However, he has not been able to justify its claim as none of the documents on record shows that the petitioners were confirmed and permanent teachers and even the recommendations of the Bihar College Service Commission is of no consequence as on date. Considering the aforesaid facts and circumstance of the case, I find no merit in this writ petition. This writ petition is, accordingly, dismissed but without any order as to costs.
(3.) Learned Counsel appearing for the appellants submitted that all the documents in support of the case of the appellants were filed as Annexures with the writ petition which will sufficiently establish that the appointment of the appellants were approved but those documents have not been considered by the learned Single Judge.;