Anil Kumar Sinha, J.—The petitioner has preferred the present writ application for a direction to the respondent authorities for adjustment / shifting of his services against the first sanctioned deficit grant post of Lecturer in Physics at Purvottar Railway College, Sonepur, Chapra (hereinafter referred to as “Railway College”) along with all consequential benefits. The petitioner has further prayed for quashing of the letter dated 03.09.2014 issued by the Director, Higher Education, Government of Bihar addressed to the Registrars of all the Universities communicating the disapproval of the State Government with respect to any kind of shifting and adjustment against vacant sanctioned posts in deficit grant College.

2. The relevant facts giving rise to the present writ application is that the Railway College was initially established in the year 1977-1978 and it is an affiliated unit of Jai Prakash University, Chapra as a deficit grant College. The Railway College was granted affiliation by the State Government at Intermediate level in the year 1979 and at Degree level in the year 1981. Permanent affiliation was granted in the year 1990. Subsequent to grant of affiliation to the Railway College at Intermediate level in 1979, the State Government vide its letter no. 2539 dated 24.12.1979 sanctioned altogether thirteen posts in different subjects including one post in the subject of Physics with financial liability. It is pertinent to mention here that against this one sanctioned post with financial liability in the subject of Physics services of one Shri Anand Mahto was approved / absorbed with effect from 24.12.1979. The petitioner was initially appointed by the Governing Body of the Railway College on a temporary post as a Lecturer in Physics on 19.06.1981 following which the petitioner gave his joining against the said post on 25.06.1981 and started discharging his duties.

3. In the meantime, Department of Education, Government of Bihar vide letter no. 1034 dated 13.10.1987 sanctioned and approved altogether twenty five posts of Lecturers in different subjects including two posts in the subject of Physics without any financial liability. Thereafter, the petitioner continued to discharge his duties as Lecturer against the second post in the subject of Physics and his service was extended from time to time by the concerned authorities under the erstwhile Bihar College Service Commission. Thereafter, vide letter dated 12.03.1997 issued by the Governor’s Secretariat, on the recommendation of the Absorption Committee, the Hon’ble Chancellor absorbed the services of altogether fourteen temporary Lecturers working in the Railway College including the petitioner with effect from the date of sanction of the post by the State Government following which the Registrar of the Jai Prakash University, Chapra vide its letter dated 03.12.1998 communicated to the Secretary of the Governing Body, Railway College informing therein that Syndicate of the University in its meeting dated 30.08.1998 approved the services of altogether thirteen Lecturers of the Railway College in the light of the Governor’s Secretariat letter dated 12.03.1997. From the letter issued by the Registrar of the University it is evident that in the subject of Physics altogether two teachers were absorbed. One Shri Anand Mahto was absorbed against the first post (vitta sahita post) with effect from 24.12.1979 and the petitioner was absorbed against the second post (vitta rahit post) with effect from 13.10.1987.

4. It is the case of the petitioner that after superannuation of Sri Anand Mahto on 31.03.2014 the Governing Body of the Railway College in its meeting dated 20.03.2014 decided to shift / adjust the services of the petitioner on the first sanctioned post (vitta sahit post) with effect from 01.04.2014. Subsequently, the Secretary of the Governing Body of the Railway College vide his letter dt: 15.04.2014 requested the Registrar of the Jai Prakash University to take steps