9911796707
TMI Blog1999 (5) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... e orders dated 17.3.1992, 20.3.1992 and 21.3.1992 filed as Annexures 11, 12 and 13 respectively of the writ petition which appear to have been passed on the basis of the judgment dated 17.12.1991 in C.W.J.C. No. 6054 of 1991. 2. The controversy raised in the case relates to the question whether the appellant should be treated as a permanent employee of the Bihar Sanskrit Shiksha Board (for short 'the Board') or he was on deputation to the Board from Kameshwar Singh Darbhanga Sanskrit University (for short 'the University'). The High Court having held that the appellant could not claim to be a permanent employee of the Board and his service as Controller of Examinations of the Board having been terminated on that basis, he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Thereafter the question of confirmation of the appellant on the post of Controller of Examinations was taken up by the Board and by the letter dated 15.9.1983 (Annexure-5) the Chairman of the board wrote to the State Government recommending his confirmation. It appears from the said letter that the Board took the decision appreciating the efficiency and hard work put in by the appellant as Controller of Examinations took the decision for his confirmation. In the letter dated 20.4.1985 (Annexure-7) of the Registrar of the University addressed to the Chairman of the Board consent of the University for permanent absorption of the appellant on the post of Controller of Examinations of the Board was communicated. Thereafter, by the Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch formalities are not completed within six months and the temporary appointment of the respondent No. 3 is continued any further it shall be open to the petitioners to Question the validity and genuineness, of the appointment by notification dated 10.1.1987. 11. In the result, with the directions made above, this application is dismissed. There shall be no order as to costs. 5. This judgment is under challenge in Civil Appeal No .336 of 1993. 6. In pursuance of the aforementioned judgment of the High Court the Secretary of the board by the order dated 17.3.1992 (Annexure-II of the Writ Petition) communicated to the appellant the order of the Chairman terminating his service with immediate effect in anticipation of approval of the Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ller of Examinations of the Board. Initially he was brought on deputation from the University and thereafter taking into account his efficiency and sincerity in the job the Board sought permission of the university for regularising his service on that post and sent its recommendation to the State Government. The University also had communicated its consent (no objection) for permanent absorption of the appellant on the post of Controller of Examinations of the Board. Thereafter the appointment to the post was to be made by the Board and the Board had decided to regularise the service of the appellant in the said post. However, the Board sought permission of the State Government which was also accorded. 9. Deputation can be aptly described a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the Division Bench disposed of the writ petition filed by the appellant the petitioners of the previous case had raised any grievance or made any complaint regarding non-compliance of the directions made in the judgment of the learned single Judge. In these circumstances the Division Bench was clearly in error in declining to grant relief to the appellant. Further, the appellant has, in the meantime, retired from service, and therefore, the decision in the case is relevant only for the purpose of calculating his retiral benefits. 10. On consideration of the entire matter we are of the view that the High Court was in error in dismissing the writ petition filed by the appellant. 11. Accordingly the appeal is allowed. The impugned judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
