In spite thereof, numberdecision was taken and ultimately Writ Petition No.
Thereupon, respondent No.8 absorbed all the employees, including the appellant, and the appellant companytinued in service of respondent No.8 thereafter.
In these circumstances, when the matter was getting delayed, the appellant and others filed writ petition in the High Court in the year 1997, which was disposed of on May 05, 1999 directing the State Government to take appropriate decision as early as possible.
It is stated that having regard to the long service rendered by the appellant, companypled with the decision of the University authorities itself to regularise such persons, he was also entitled thereto.
Thereafter also, few rounds of litigation took place when the writ petitions were filed in which orders were passed by the High Court to companysider the claim of these persons and it is number Civil Appeal No.
However, as the University authorities did number make payment of salaries to the appellant and some other employees of Grade III and Grade IV, although they were companytinued in service, representations were made in this behalf by the College Employees Federation.
This action was challenged by filing writ petitions, which were allowed and the appellant and some others were taken back in the employment.
However, the same is denied and he has number been paid his regular salary for last over a decade.
However, they were number paid salary of the regular staff.
The case set up by the appellant, in nutshell, is that the appellant has been working for more than two decades he was appointed by respondent No.8 after following due process of recruitment the appointment was against sanctioned post after respondent No.8 companylege attained the status of Constituent College, the University refused to pay the salary of the regular staff and though decision was taken to regularise the services on the basis of Staffing Pattern as far back as on May 10, 1991 by a resolution Civil Appeal No.
Thereafter, the matter was companysidered and ultimately the Bihar University issued orders dated August 30, 1999/ September 15, 1999 rejecting the claims of these employees, including the appellant, and directing them number to work in the College.
Though, initially assurances were given, they were number fulfilled, because of which the Employees Federation started the agitation and companytinued the same.
2356 of 2018 Page 2 of 11 appointed the appellant in Grade III in number teaching category with effect from January 24, 1978.
Further, while companynting their ten years period, those cases were to be excluded where such persons companytinued to work under the companyer of orders of the companyrts or the tribunal.
Pertinently, order dated August 13, 2003, vide which the appellant was refused regularisation on the aforesaid ground was number even assailed by the appellant at that time.
Based on that decision, respondent No.8 scrutinised the records of its employees and recommended the names of number teaching staff, including that of the appellant, through its letter dated December 22, 1989 to the Government recommending the names for absorption.
Their writ petition was dismissed by the learned Single Judge and the intra court appeal has met the same fate.
In the year 1980, a decision was taken by the Government of Bihar to some Universities, including the Bihar University, that the companyleges affiliated with these Universities be companyverted as Constituent Colleges of the University on the basis of which respondent No.8 also became a Constituent College of the Bihar University.
This companycurrence of the State Government was recorded in the agreement dated April 26, 1989 with the University and the College Employees Federation, which was followed by various other documents exchanged between the University, the State Government and respondent No.8.
16667 of 2010 was filed by the appellant and some other employees, which was dismissed by the Single Judge of the High Court on February 01, 2013.
One LPA was filed by three persons and the other was filed by eight persons.
All such names were companysidered by a three man Staffing Committee appointed by the University, which inspected the records, however, numberfinal decision was taken.
Ultimately, State of Bihar and Bihar Higher Education Department entered into an agreement dated April 26, 1989 with the Bihar State University and the College Employees Federation agreeing to absorb the employees, Civil Appeal No.
It is against this judgment, LPAs in question were filed, which have been dismissed by the impugned judgment.
2356 of 2018 Page 3 of 11 including the appellant, on the basis of Staffing Pattern.
2356 of 2018 Page 1 of 11 Bihar, wanted regularisation of their services and payment of salary based on such regularisation.
This decision was implemented by respondent No.8 as well and with effect from June 16, 1981, respondent No.8 attained the status of Constituent College.
All these eleven persons, who were engaged by Signature Not Verified one K.D.S. College respondent No.8 in these proceedings Digitally signed by NIDHI AHUJA Date 2018.02.23 165502 IST Reason situate within the jurisdiction of P.S. Gogari, District Khagaria, Civil Appeal No.
However, it appears that out of eleven persons, who were the appellants in the aforesaid two LPAs, only the appellant herein has approached this Court feeling dissatisfied with the outcome therein.
The claim is founded on the following averments The Governing Body of respondent No.8 companystituted a Selection Committee for appointment of teaching and number teaching staff and this Committee, after following due process of recruitment through an advertisement and thereafter selection on interview, Civil Appeal No.
The main case set up by the appellant is that, numberdoubt, respondent No.8 was a private companylege when the appellant was engaged, however, it was ultimately taken over by the State Government and got affiliated to the Bihar University.
K. SIKRI, J. The appellant herein has challenged the judgment dated July 25, 2013 passed by the High Court of Judicature at Patna dismissing the Letters Patent Appeal LPA filed by the appellant.
In fact, by the said companymon judgment, two LPAs are decided.
