IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11289 of 2010
UMESH PRASAD & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.11356 of 2010
JIBAY NARAYAN MISHRA & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.12557 of 2010
RAJ KISHORE RAY & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.13333 of 2010
ASHOK KUMAR SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.13910 of 2010
JAI RAM SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.14013 of 2010
DR.RAM BINOD PRASAD SINGH &ANR
Versus
THE STATE OF BIHAR & ORS
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02 01.09.2010 By this writ application in effect petitioners challenges
the directions issued by the State Government in the Department of
Human Resources Development dated 18.12.2008 and, in particular,
Clause 2(xii) thereof which dealt with persons who were re-designated
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as Demonstrators. This decision/circular states that in view of the
Apex Court Laboratory Incharge/Laboratory Technician/Laboratory
Assistant, who were re-designated as Demonstrators, would be
Demonstrators only for name say otherwise they will not be entitled to
any remuneration as a Teacher. This virtually supersedes State
Government’s decision dated 14.06.2006, pursuant to which
Laboratory Incharge/Laboratory Technician/Laboratory Assistant,
were treated as Demonstrators and even remunerations accordingly.
Reference may be made to Section-2(b) of the Bihar Universities Act,
which is the same as Section-2(b) of the Patna University Act as well
defines Teacher to include Demonstrators. The consequence of this
decision of the State Government of 18th December, 2008 in this
regard is that all monies paid pursuant to the State Government
decision dated 14.06.2006, that all of them who were treated as
Teachers, being Demonstrators are now being reverted to Laboratory
Incharge/Laboratory Technician/Laboratory Assistant with designation
of Demonstrators only. It is submitted that this process is unknown to
law. This question is repeatedly enraged by individuals through
several writ petitions pertaining to different Universities, which
requires consideration.
Let learned counsel for the State and University to seek
instructions and file comprehensive counter affidavit in the matter.
List this case alongwith C.W.J.C. No.1377 of 2010 and
similar other cases “for admission” at which stage efforts should be
made to dispose of the case at the earliest.
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Till further orders of the Court, the direction of the
State Government, as contained in Clause-2(xii) of the letter dated 18th
December, 2008, shall remain in abeyance in respect of such similarly
situated University employees of any University in Bihar and no
individual employee is required to flood this Court with further
litigations. Petitioners and their like would continue to be paid and
received their remuneration as if this circular was not issued at all.
Trivedi/ (Navaniti Prasad Singh, J.)