BAMESHWAR PRASAD AND OTHERS Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) All these writ applications have been heard together and will be governed by this common judgment. The petitioners in these applications are Class-Ill and Class-IV employees of the different Colleges under Magadh University and have been working as Laboratory Incharge/Store Keeper/Clerks/Typists/Peons and have moved this Court against the order of termination of their services by the University. In C. W. J. C. No. 3878 of 1984 the petitioners have been working in Kanhailal Sahu College, Nawadah, and they were appointed on temporary basis by Annexure-2 on 17-2-1982 and have prayed for quashing the order of termination dated 20-6-1984, as contained in Annexure-10. In C. W. J. C. No. 3530 of 1984 the petitioners have been working in Rohtas Mahila College of Sasaram and they were appointed on temporary basis in the year 1981-82 (Annexure-4) and their services have been terminated by Annexure-6 dated 20-6-1984. The employees of B. S. College, Dinapore, are petitioners in C. W. J. C. No. 4091 of 1984 and they were also appointed on temporary basis in anticipation of the sanction of their post stand they were appointed by Annexure-4 on 14-5-1981. Prayer has been made for quashing Annexure-1 dated 18-7-1984. In C. W. J. C. No. 3716 of 1984 the petitioners have been working as Store Keepers in S. P. M. College, Udantpuri, Bihar sharif, and they were appointed by Annexure-1 on 18-2-1982 on posts which were neither sanctioned nor approved and have prayed for the quashing of Annexure-8 and Annexure-9 dated 20-6-1984 and 27-6-1984 respectively. The petitioners in C. W. J. C. No. 4159 of 1984 were working in J. L. N. College, Dehri-on-Sone and they were appointed on temporary basis in anticipation of the sanction on 23-3-1982, 6-12-1979 and 20-4-1980 (Annexures-1 and 2 series respectively) and their services have been terminated by Annexure-5 dated 18-7-1984. The petitioners in C. W. J. C.No. 4149 of 1984 also employees of J. L. N. College, Dehri-on-Sone and they were appointed by Annexure-1 in anticipation of approval. Their services have been terminated by Annexure-3 dated 18-7-1984. In C.W.J.C. No. 3529 of 1984 the petitioners are employees of T. P. S. College, Patna, and they were appointed on 10-7-1980 by Annexure-2 and by Annexure-6 dated 28-8-1981 on temporary basis subject to the approval and their services have been terminated by Annexure-1 dated 5-7-1984.

(2.) The short facts, leading to these applications necessary to decide the controversy between the parties, are that the petitioners, in all these writ applications, have been working on different posts on the basis of appointments made by advertisements/ Governing Body/ Vice-Chancellor in different Colleges and also have been drawing their salary. According to the petitioners, these appointments were on the basis of Staffing Pattern duly approved by the authorities after taking into consideration the requirements of the employees according to the number of students studying in different Colleges. But, suddenly their salary was stopped on the ground that they were not appointed on sanctioned posts and also without the approval of the University and for that a Committee was constituted which ultimately submitted its report against these petitioners. The report has been seriously challenged by the petitioners. On receipt of the report the University, by different letters, as mentioned above, terminated the services of all the petitioners. Being aggrieved by the order of termination the petitioners have moved this Court.

(3.) Counter affidavits have been filed on behalf of the University and also by the State of Bihar in reply thereto but I would like to refer only to the facts which are relevant for deciding these cases. In the counter affidavit filed on behalf of the University, which is common in all the cases, it is stated that under Magadh University there were four types of Institutions: