Thereafter, by the Notification dated 10th November, 1986 Annexure 8 issued by the Department of Education of the Government of Sihar the appellant was appointed as Controller of Examinations under the Board on the pay scale of Rs.lOOO 1820/ from the date of issue of the Notification till further orders.
The companytroversy raised in the case relates to the question whether the appellant ebould be treated as a permanent employee of the Bihar Sanskrit Shiksha Board for short the Board or he was on deputation to the Board from Kameshwar Sirigh Darbhanga Sanskrit University for short the University .
This judgment is under challenge in Civil Appeal No .336 of 1993.
In the letter dated 20.4.1985 Annexure 7 of the Registrar of the University addressed to the Chairman of the Board companysent of the University for permanent absorption of the appellant on the post of Controller of Examinations of the Board was companymunicated.
These orders are under challenge in the writ petition.
There shall be numberorder as to companyts.
The Registrar of the University by his letter No.
Some employees of the University challenged the deputation of the appellant as Controiler of Examinations of the Board before the Patna High Court in a writ petition, W.J.G. No .2 230 of 1982 which was disposed of bv Single Judge of the Court by the judgment, dated 13.11.1987.
The Chairman of the Board made a request to the University to depute a companypetent and experienced person to companyduct and companytrol the examinations companyducted by the Board vide his letter No.
8105/89 dated 14.8.1981 Annexure 2 to the L.P. companymunicated the decision of lhe University granting permission for the appeliant.
Court in C.W.J.C. No.
31 of 1982 and it was vested with the power to direct, supervise and companytrol Sanskrit education upto Madhyarna standard in the State of Bihar.
21/15 dated 29.7.1981.
The relevant portion of the companymunication reads as under In pursuance of the Judgment dated 17.12.1991 passed by the Honble High.
Therein by order passed on 27.1.1993 in A.No.l of 1992 this Court while issuing numberice ordered that in the meantime operation of the impugned orders in Annexure ll dated 17.3.199S Annexure 14 dated 21.3.1992 shall remain stayed.
Both the case, have been filed by the same person Shri UmapatiCloudhary.
The operative portion of the said judgment raads as follows Respondent number3 has been given a temporary appointment and number a substantive appointment.
While Civil Appeal No.
It appears from the said letter that the Board took the decision appreciating the efficiency and hard work put in by the appellant as Controller of Examinations took the decision for his companyfirmation.
who was then a lecturer in Post Graduate department of the University to be deputed as Controller of Examinations of the board until further orders.
Thereafter the quearion of companyfirmation of the appellant on the post of Controller Examinations was taken up by the Board and by the letter dated 15.9.1983 Annexure 5 the Chairmman of the board wrote to the State Governiaent recommending his companyfirmation.
91 of the Patna High Court in C.W.J.C. No.6054 of 991, in Writ Petition C No.
Thereafter the appointment to the post was to be made by the Board and the Board had d.ecided t.o regularise the service of the appellant in the said post.
The Government of Bihar in the Department of Education by Notification date 17.9.1982 Annexure 3 authorised the appellant to discharge all duties a.nd responsibilities of the Controller of Examinations of the Board and made the order effective from the first day of deputation.
In pursuance of the aforementioned judgment of the High Court the Secretary of the companyrd by the order dated 17.3.1992 Annexure ll of the Writ Petition companymunicated to the appellant the order of the Chairman terminating his service with immediate effect in anticipation of approval of the Government.
667 of 1992 the petitioner has sought quashing of the orders dated 17.3.1992, 20.3.1992 and 21.3.1992 filed as Annexures II, 12 and 13 respectively of the writ petition which appear to have been passed on the basis of the judgment dated 17.12.1991 in C.W.J.C. No.
It appears from the letter of the State Government to the Accountant General, Bihar dated 16th June, 1983 Annexure 4 that the post of Assistant Registrar Sanskrit Education which was created, in the Bihar Sanskrit Shiksha Parishad on being transferred to the ainar Sanskrit Shiksha Board was re designated as Controller of Examinations.
The decision of the Board to terminate the service of the appellant was approved by the State Government vide Notification dated 21.3.1992 Annexures 14 15 issued by Commissioner cum Secretary, Human Resources Development Department, Bihar.
336 of 1993 is directed against the Judgment and order dated 17.12.
The factual matrix relevant for appreciating the companytroversy may be stated thus The Board was companystituted under the Bihar Sanskrit Education Board Act, 1981 Act No.
6054 of 199.
This Court further directed that the petitioner be reinstated as Controller of Enamination and be paid his arrears of salary upto date within two months from the date of the order, by the Board.
6054/91 on the above subject and under the order of the Chairman Bihar Sanskrit Education Board your services are terminated with immediate effect in anticipation of the approval of the Government.
Initially he was brought on deputation from the University and thereafter taking into account his efficiency and sincerity in the job the Board sought permission of the university for regularising his service on that post and sent its recommendation to the State Government.
P.Mohapatras, J. These two cases are inter linked with each other.
The High Court having held that the appellant companyld number claim to be a permanent employee of the Board and his service as Controller of Examinations of the Board having been terminated on that basis, he has filed the two cases.
