JUDGMENT :

With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. Heard

3. Issue notice to respondent Nos. 1 to 4.

4. Mr. Prabhat Kumar Sinha, learned counsel has filed I.A. No. 6325 of 2021 for acceptance of Vakalatnama on behalf of respondent Nos. 1 to 4 and waives notice on their behalf.

5. Accordingly, I.A. No. 6325 of 2021 stands disposed of.

6. This appeal is being heard at this stage on consent given by the parties.

7. The instant intra-court appeal, preferred by the State of Jharkhand under Clause 10 of the Letters Patent, is directed against the order/judgment dated 10.08.2020 passed by learned Single Judge of this Court in W.P.(S) No.2785 of 2019 whereby and whereunder the writ petition has been allowed with a direction to grant the benefit similar to the writ petitioners of CWJC No.10680 of 2000. However, the petitioners have been granted notional benefit from 09.12.1986 as they failed to approach the Court within a reasonable time as they waited for the outcome of the aforesaid writ petition and when the favourable order was passed, they approached the High Court for similar benefit. As such, actual monetary benefit has been limited to 3 years prior to the filing of the writ petition only.

8. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

The writ petitioners were appointed in private Engineering Colleges on different dates. The writ petitioner Nos. 1 and 2 were appointed in Gaya Engineering College on the post of Laboratory Assistant on 26.03.1984 and 10.09.1985 respectively, whereas both petitioner Nos. 3 and 4 were appointed on the Class-IV post in the said Engineering College on 21.03.1984.

The private Engineering Colleges were taken over by the undivided State of Bihar by virtue of bringing an ordinance, in the name of Bihar Private Engineering College (Taken Over) Ordinance, 1986 (Ordinance 37 of 1986).

Thereafter, the Bihar Private Engineering College (Taken Over) Ordinance, 1987, hereinafter to be referred to as the “Ordinance, 1987”, was promulgated and the same was published on 18th April, 1987.

The undivided State of Bihar, by virtue of Ordinance, 1987, took decision to take over three Engineering Colleges namely, Indian College of Engineering, Motihari, JMIT, Darbhanga and Magadh Engineering College, Gaya. Subsequently, the Ordinance, 1987 took the shape of an enactment in the name of Bihar Private Engineering College (Taken Over) Act, 1991 (hereinafter to be referred to as the “Act, 1991”).

The Engineering Colleges were taken over by the State of Bihar with effect from 09.12.1986. The employees of the said Engineering Colleges were treated as ad hoc employees under Clause 5(1) of the said Ordinance and as such, the petitioners were also treated as ad hoc employees in the Magadh Engineering College, Gaya since 09.12.1986.

The competent authority constituted a Screening Committee on the basis of the provisions contained in the Ordinance, 1987 for making recommendation about regularization of the services of other employees (teaching and non-teaching). The Screening Committee recommended for regularization of the services of the writ petitioners and other employees with effect from 31.01.1991 and also recommended for termination of other ad hoc employees (teaching and non-teaching) who were working since 09.12.1986 on the ground of over age. They were terminated with effect from 31.01.1991.

The writ petitioners were confirmed and regularized with effect from 31.01.1991 and got annual increment and all the monetary benefits of permanent employees from the same date.

The writ petitioners were transferred to other places. At the time of re-organization of the State of Bihar, since the writ petitioners were posted at Government Polytechnic, Adityapur which falls within the territory of the State of Jharkhand, as such, their