Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.

JUDGMENT :

(Anjani Kumar Sharan, J.)

Heard Mr. Satyam Shivam Sundaram, learned counsel appearing on behalf of the petitioner, Mr. Prabhakar Jha, GP-27 appearing on behalf of the State as well as Mr. Deepak Kumar appearing on behalf of Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as the “University’).

2. Petitioner has approached this Court for the following reliefs:-

(i) For quashing of memo no.1449 dated 07.09.2020, issued by the Department of Education, Govt. of Bihar, Patna under the signature of Special Secretary, Education Department whereby and whereunder claim of the petitioner for payment of salary after granting approval to the service of the petitioner, who was appointed and working as a Clerk since 15.10.1978 in Satya Narayan Sanskrit College (hereinafter referred to as the “College”), an affiliated unit of Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as “University”) has been declined by the State respondents citing reasons that the appointment of the petitioner has been made contrary to the prescribed provisions of the Bihar State Universities Act (hereinafter referred to as the ‘Act’).

(ii) For holding that the appointment of the petitioner on the post of Clerk on 15.10.1978 in the aforesaid College was lawful and in accordance with the concerned provisions of the Act.

(iii) For payments of arrears as well as current salary to the petitioner.

(iv) For any other consequential relief/reliefs to which the petitioner is found entitled to.

3. Learned counsel for the petitioner submits that the case at length is that, petitioner was appointed by the Governing Body of the college on the post of Second Clerk on 05.10.1978, after a decision taken by the Governing body of the said college issued under the signature of the Secretary of the Governing body. Pursuant to the aforesaid appointment, petitioner submitted his joining on 15.10.1978 on the post of Second Clerk to the Principal of the College.

4. That on the request of the Governing body of the college, appointment of the petitioner along with others was approved provisionally by the University vide its letter no.190/82 dated 16.07.1982 issued under the signature of the Registrar of the University. The University decided to make adhoc payment to the petitioner and others from September 1987 till further order vide letter no.1084/88 dated 08.02.1988 issued under the signature of the Registrar of the University.

5. The payment of salary to the petitioner has been made by the University from September, 1987 to 1999 and from March, 2008 to 2011.

5. He further submitted that the similarly situated persons as well as Karamchari Mahasangh of the said University filed a batch of writ applications. Among all the writ application, leading case is CWJC No.9222/1991 reported in 2003 (3) PLJR 749 (Annexure-7 of the writ petition). The Court disposed of the aforesaid writ application by its order dated 25.06.2003 with a direction to the University to submit the de-tails of all the concerned persons, to the state authorities which was directed to be scrutinized at the level of the State Government within a period of four months.

6. In compliance of the aforesaid direction, the State authorities took a decision to regularize the service of 33 persons including one Aditya Nath Jha who has been appointed in the same college to the post of Assistant Librarian on 01.04.1981 (after about three years of petitioner’s appointment).

7. The petitioner, thereafter, moved before this Court claiming similar relief in C.W.J.C. No.13922 of 2008 (Annex-ure-9) which was disposed of by this Court with direction to the State Government authorities to take appropriate decision within one month from the date of receipt of representation.

7. In light of the aforesaid direction, the University issued an office order dated 25.02.2011, started the payment of salary to the petitioner and other similarly situated persons (Annex-ure-11). Thereafter, when the payment of sal