The University had the power to adjust the petitioner and respondent No. 6, and they were entitled to all benefits, including retiral benefits and pay-scale revision.

JUDGMENT :

S.N. Pathak, J.

Heard the parties.

Prayers made

2. Petitioner has approached this Court with a prayer for quashing the order dated 7th February, 2018 (Annexure-17) passed by the respondent-State authorities, whereby the pay fixation of the petitioner has been rejected.

Further prayer has been made for Quashing of the part of the notification dated 7th March, 2009 (Annexure-24) whereby the services of the petitioner has been absorbed at KCB College even when the petitioner had admittedly been working at Mandar College, Mandar.

Petitioner has also prayed for direction upon the respondents to hold and declare that the absorption of Mr. B.K. Sahu, the respondent no.6 against ‘R-1’ post in the department of Mathematics at the Mandar College, Mandar is bad in law and further absorb the services of the petitioner against the ‘R-1’ posts in the Department of Mathematics at Mandar College, Mandar with effect from the date of joining of the petitioner and grant all consequential benefits of pay-fixation under 5th and 6th PRC, which have been made applicable w.e.f. 01.01.1996 and 01.01.2006 respectively.

Factual Matrix

3. Sans of unnecessary details, the petitioner having fulfilled the requisite eligibility criteria for the post of Lecturer, was appointed to the post of Lecturer at Mandar College, Mandar in the Department of Mathematics vide appointment order dated 29th August, 1985 after following due process of law. Pursuant to the aforesaid order of appointment, the petitioner gave his joining on the very same day. Thereafter, on 19th August, 1986, a decision was taken by the unified State of Bihar to take over all the affiliated college and make them as a constituent college. In terms of the order to take over of the colleges, a list of teaching and non-teaching staff were prepared by the State authorities vide letter no. 38(c) dated 1st February, 1988, which have been annexed at Annexure-4 to the writ petition, wherein the name of the petitioner finds figure as working in the Department of Mathematics at Mandar College, Mandar. Similarly in pursuance of another inquiry, a report was prepared vide letter no.181(c), wherein also the name of the petitioner finds place as working against the post of Lecturer at Mandar College, Mandar in the Department of Mathematics.

4. It is further stated that there were several disputes in regards to the persons working and the number of sanctioned posts available at different colleges which were being taken over. It is the further submitted that entire exercise of taking over of colleges was termed as fourth phase constituent colleges or newly taken over constituent colleges (NCC). Owing to the issue of sanctioned post vis-a-vis persons working against those posts, various writ applications were filed before the Hon’ble High Court of Patna. In the case of the State of Bihar vs. Bihar Rajya M.S.E.S.K.K. Mahasangh registered as C.W.J.C. No. 4021 of 1995 which was finally challenged at Hon’ble Supreme Court in SLP No. 6098 1997, the Hon’ble Supreme Court vide its order dated 12.10.2001, had been pleased to appoint a one man Enquiry Commission, namely, Sri Justice (Retd.) S.C. Agrawal Commission in order to decide the entire controversies and disputes. The terms of reference which was required to be answered by the said one man commission was as under:

i. How many sanctioned posts of teachers and non-teaching employees were there in the forty colleges which were converted into constituent colleges pursuant to the sanctioned letter dated 19th August, 1986 of the State of Bihar ?

ii. How many proposals with regards to creation of posts for teachers and non-teaching employees had been submitted to the Educational Department of the State of Bihar or University before 30th April, 1986, the cut off dated mentioned in Appendix Kha (Page 208 of SLP) with respect to 36 colleges converted into the constituent colleges as per government letter dated 19th August, 1986?

iii. How many teachers and non-teaching employe