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Chandrachur Poddar vs The T.M.Bhagalpur University And on 28 February, 2024 cites

Ram Sevak Yadav vs The State Of Bihar & Ors on 1 February, 2013

7. Learned counsel for the State referring to the counter affidavits filed on behalf of the State of Bihar as also the Director of Higher Education submitted that as per the petitioner's case, he was appointed as Lab Incharge in the department of Botany in the college in question on 9.9.1983 by the Principal of the college under staffing pattern. The petitioner was appointed purely on daily wages on a post which was never sanctioned by the State Government. Even otherwise the power of making appointment on class III and class IV posts vests in the Vice-Chancellor of the University and that too within the sanctioned strength. The Principal of the college was not competent to make any appointment nor does the Act enable the Patna High Court CWJC No.11466 of 2010 dt. 4.3.2024 7/12 Vice-Chancellor to delegate his powers. In fact the University by its letter dated 27.2.1982, 26.3.1982 and 30.7.1982 requested the Principal of the constituent colleges for not making appointment against unsanctioned post or even against sanctioned post without permission of the Vice-Chancellor as any such delegation made in the year 1977 was done away with by these letters much prior to the date when the petitioner was appointed. Learned counsel for the State relies on the Full Bench judgment of this Court in the case of Ram Sevak Yadav vs. State of Bihar & others [2013 (1) PLJR 964]. It is submitted that the University has taken a decision to absorb the service of 365 daily wage class III and IV employees who were found eligible in view of the advertisement and accordingly sent recommendation to the State Government in accordance with the roaster. The State Government by its letter dated 11.5.2006 approved the recommendation of the University and accordingly 365 daily wage employees were absorbed in regular service with effect from 5.6.2003 against sanctioned vacant posts. The petitioner also participated in the interview but was not found eligible. There is a delay of four years in filing of the instant writ application. It is submitted that there being no merit in the writ application, the same be dismissed. Patna High Court CWJC No.11466 of 2010 dt. 4.3.2024
Patna High Court Cites 35 - Cited by 218 - N Sinha - Full Document
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