UMAPATI CHOUDHARY Vs. STATE OF BIHAR
LAWS(SC)-1999-5-86
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on
May 14,1999
UMAPATI CHOUDHARY
Appellant
VERSUS
STATE OF BIHAR
Respondents
Cited Judgements :-
SURENDRA BIJAWAT AND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-10-46] [REFERRED TO]NIRMAL KUMAR SINHA VS. BIHAR STATE BEVERAGES CORPORATION LTD [LAWS(PAT)-2015-11-114] [REFERRED]
MANOJ KUMAR AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-1-17] [REFERRED TO]
INDIAN EXPRESS (P) LIMITED VS. GANESH GOPINATH RANE [LAWS(BOM)-2023-6-236] [REFERRED TO]
THOMOS XESS VS. STATE OF CHHATTISGARH [LAWS(CHH)-2007-4-37] [REFERRED TO]
V MAHADEVA REDDY VS. TIRUMALA TIRUPATI DEVASTHANAMS [LAWS(APH)-2012-9-39] [REFERRED TO]
GITANJALI S BHATTACHARYYA VS. UNION OF INDIA [LAWS(GAU)-2009-1-13] [REFERRED TO]
REBATI MOHAN HAZARIKA VS. STATE OF ASSAM [LAWS(GAU)-2013-12-4] [REFERRED TO]
RANSHEEL KUMAR UPADHYAY VS. UNION OF INDIA [LAWS(ALL)-2020-10-44] [REFERRED TO]
P K JAIN VS. STATE OF M P [LAWS(MPH)-2009-2-1] [REFERRED TO]
K.I.P. SINGH VS. UNION OF INDIA AND ORS. [LAWS(J&K)-2017-2-41] [REFERRED TO]
PADAM DASS THAKUR VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2010-10-162] [REFERRED TO]
UNION OF INDIA VS. DIRECTOR GENERAL, BORDER SECURITY FORCE; COMMANDANT 113 BN, BORDER SECURITY FORCE; YASODHAR KAMAT, S/O LATE SORI LAL KAMAT [LAWS(PAT)-2016-8-78] [REFERRED]
E G DAYANANDA MURTHY VS. STATE OF KARNATAKA [LAWS(KAR)-2002-8-35] [REFERRED TO]
K P BHALSE VS. STATE OF M P [LAWS(MPH)-2010-5-26] [RELIED UPON]
KARNATAKA POWER CORPORATION LIMITED VS. PREMNATH H.R [LAWS(KAR)-2022-9-1131] [REFERRED TO]
G K PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2000-5-90] [FOLLOWED]
DHIRAJ SINGH VS. STATE OF U P & OTHERS [LAWS(ALL)-2017-11-163] [REFERRED TO]
DR. KAMAL JAISWAL VS. UNION OF INDIA THRU. SECY. MINISTRY OF H.R.D. AND OTHERS [LAWS(ALL)-2017-5-20] [REFERRED TO]
SAGIR KHAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-9-4] [REFERRED]
P S SULTAN KHAN VS. INSPECTOR GENERAL OF POLICE GUNTUR RANGE GUNTUR DISTRICT [LAWS(APH)-2010-5-9] [REFERRED TO]
PAYEL DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-10-29] [REFERRED TO]
NITYAPRIYA MALAKAR VS. STATE OF TRIPURA [LAWS(TRIP)-2019-11-6] [REFERRED TO]
BALVEER SINGH BISHT VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-76] [REFERRED TO]
K. RAJA PRABHU DOSS VS. EMPLOYEES PROVIDENT FUND ORGANISATION [LAWS(MAD)-2014-6-5] [REFERRED TO]
PRADEEP KUMAR DWIVEDI VS. STATE OF M.P [LAWS(MPH)-2014-4-147] [REFERRED TO]
SARITA SINGH VS. SHREE INFOSOFT PRIVATE LIMITED [LAWS(SC)-2022-1-127] [REFERRED TO]
RAMJI CHAUBEY VS. STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2015-3-231] [REFERRED TO]
KRISHNA KANT TIWARI VS. STATE OF U P [LAWS(ALL)-2002-1-183] [REFERRED TO]
STATE OF ASSAM VS. BHABATOSH KUMAR ROY [LAWS(GAU)-2020-9-38] [REFERRED TO]
S.S. KANWAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-8-42] [REFERRED TO]
DEVENDRA KUMAR VS. RAJYA KRISHI UTPADAN MANDI PARISHAD [LAWS(ALL)-2004-4-159] [REFERRED TO]
GULSHER ALI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-187] [REFERRED TO]
SALGIRA R. MARAK VS. STATE OF MEGHALAYA [LAWS(MEGH)-2020-9-1] [REFERRED TO]
UNION OF INDIA VS. R. THIYAGARAJAN [LAWS(SC)-2020-4-8] [REFERRED TO]
B. RAMAKOTESWARA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-5-5] [REFERRED TO]
AMRENDRA KUMAR VS. RANCHI REGIONAL DEVELOPMENT AUTHORITY [LAWS(JHAR)-2014-2-93] [REFERRED TO]
SUSHEEL KUMAR SHUKLA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-9-319] [REFERRED TO]
CIVIL ACCOUNTS ASSOCIATION VS. UNION OF INDIA [LAWS(ALL)-2004-3-206] [REFERRED TO]
TRIVENI ENGINEERING AND INDUSTRIES LIMITED VS. STATE OF U.P. [LAWS(ALL)-2023-3-67] [REFERRED TO]
DIVYA T.A VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-80] [REFERRED TO]
SURESH PRASAD SINGH VS. UNION OF INDIA AND ORS. [LAWS(GAU)-2012-3-140] [REFERRED TO]
MANGSATABAM IMOMACHA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2012-10-23] [REFERRED TO]
S.ZAHEERUDDIN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-9-134] [REFERRED TO]
DARSHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2018-10-386] [REFERRED TO]
MALKHAN SINGH AND ORS. VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-3-1] [REFERRED TO]
GORA CHAND HAZRA VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-7-138] [REFERRED TO]
GHULAM ABASS VS. STATE OF J&K [LAWS(J&K)-2011-11-2] [REFERRED TO]
SATYENDRA DUBEY S/O SHRI NANDKISHORE DUBEY VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2012-3-165] [REFERRED TO]
RAJENDRA KUMAR JHA VS. CHIEF SECRETARY STATE OF MP [LAWS(MPH)-2012-6-57] [REFERRED TO]
SHRI L.SARATCHANDRA SINGH VS. THE STATE OF MANIPUR [LAWS(MANIP)-2016-9-4] [REFERRED]
STATE OF TAMIL NADU AND OTHERS VS. S NAGARAJ AND OTHERS [LAWS(MAD)-2015-10-366] [REFERRED]
SAKTI PRASAD DAS VS. UNION OF INDIA [LAWS(ORI)-2021-11-30] [REFERRED TO]
BARNALI DATTA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-75] [REFERRED TO]
KARNATAK STATE POLLUTION CONTROL BOARD VS. KARNATAKA STATE POLLUTION [LAWS(KAR)-2003-6-95] [REFERRED TO]
R K BIREN SINGH; L SHARATCHANDRA SINGH VS. STATE OF MANIPUR; DISTRICT RURAL DEVELOPMENT AGENCY, CHURACHANDPUR; DISTRICT RURAL DEVELOPMENT AGENCY, CHANDEL; LOKTAK DEVELOPMENT AUTHORITY; W IBOYAIMA SINGH [LAWS(MANIP)-2016-6-17] [REFERRED]
TALVIR SINGH VS. UNION OF INDIA [LAWS(J&K)-2021-10-18] [REFERRED TO]
UNION OF INDIA VS. SHYAMA PRASAD CHATTOPADHYAY [LAWS(CAL)-2021-9-45] [REFERRED TO]
B. RAMAKOTESWARA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-5-66] [REFERRED TO]
STATE OF ASSAM VS. BHABATOSH KUMAR ROY [LAWS(GAU)-2020-9-48] [REFERRED TO]
LALHMUAKLIANA S/O LALZUIA VS. STATE OF MIZORAM [LAWS(GAU)-2013-5-84] [REFERRED TO]
RAMESH KUMAR MEHAR VS. STATE OF M P [LAWS(MPH)-2012-7-14] [REFERRED TO]
GURPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-4-12] [REFERRED TO]
KAMAL SINGH AND ORS VS. STATE OF HARYANA [LAWS(P&H)-2010-6-58] [REFERRED]
K. SHYAM VS. THE STATE OF MANIPUR AND ORS. [LAWS(MANIP)-2015-8-6] [REFERRED TO]
KRISTO MOHAN ROY VS. STATE OF ASSAM [LAWS(GAU)-2018-11-90] [REFERRED TO]
P M MARI VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-1-150] [REFERRED TO]
AMRITA SINHA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-10-27] [REFERRED TO]
VIJAY SARASWAT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-1-36] [REFERRED TO]
SUDARSH AWASTHI VS. BANK OF INDIA [LAWS(ALL)-2001-5-169] [REFERRED TO]
GORA CHAND HAZRA VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2015-7-204] [REFERRED]
KH TOMCHOU SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2009-1-29] [REFERRED TO]
PRATAP DANDAPAT VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2010-9-43] [REFERRED TO]
JAIPRAKASH CHOUBEY VS. STATE OF C G [LAWS(CHH)-2013-1-24] [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION VS. AJAY SEHGAL [LAWS(DLH)-2011-9-44] [REFERRED TO]
P.V.SATHEESAN VS. UOI [LAWS(DLH)-2023-4-69] [REFERRED TO]
N.D. TYAGI VS. POWER FINANCE CORPORATION LTD [LAWS(DLH)-2022-5-23] [REFERRED TO]
SANJENBAM GEETA DEVI W/O W KUMAR SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2012-11-78] [REFERRED TO]
Jai Prakash Keswani VS. State of M.P. [LAWS(MPH)-2005-7-124] [REFERRED TO]
JUDGEMENT
D. P. Mohapatra, J. -
(1.)These two cases are inter-linked with each other. Both the cases have been filed by the same person Shri Umapati Choudhary. While Civil Appeal No. 336 of 1993 is directed against the judgment and order dated 17-12-1991 of the Patna High Court in C. W. J. C. No. 6054 of 1991, in Writ Petition (C) No. 667 of 1992 the petitioner has sought quashing of the 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 has filed the two cases.
(3.)The factual matrix relevant for appreciating the controversy may be stated thus: The Board was constituted under the Bihar Sanskrit Education Board Act, 1981 (Act No. 31 of 1982) and it was vested with the power to direct, supervise and control Sanskrit education up to Madhyama standard in the State of Bihar. The Chairman of the Board made a request to the University to depute a competent and experienced person to conduct and control the examinations conducted by the Board vide his letter No. 21/15 dated 29-7-1981. The Registrar of the University by his letter No. 8105/89 dated 14-8-1981 (Annexure-2 to the S. L. P.) communicated the decision of the University granting permission for the appellant who was then a lecturer in Post Graduate department of the University to be deputed as Controller of Examinations of the board until further orders. The Government of Bihar in the Department of Education by Notification dated 17-9-1982 (Annexure-3) authorised the appellant to discharge all duties and responsibilities of the Controller of Examinations of the Board and made the order effective from the first day of deputation. It appears from the letter of the State Government to the Accountant General, Bihar dated 16th June, 1983 (Annexure-4) that the post of Assistant Registrar (Sanskrit Education) which was created in the Bihar Sanskrit Shiksha Parishad on being transferred to the Bihar Sanskrit Shiksha Board was re-designated as Controller of Examinations. 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 Notification dated 10th November, 1986 (Annexure-8) issued by the Department of Education of the Government of Bihar the appellant was appointed as Controller of Examinations under the Board on the pay scale of Rs. 1000-1820/- from the date of issue of the Notification till further orders.
(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 has filed the two cases.
(3.)The factual matrix relevant for appreciating the controversy may be stated thus: The Board was constituted under the Bihar Sanskrit Education Board Act, 1981 (Act No. 31 of 1982) and it was vested with the power to direct, supervise and control Sanskrit education up to Madhyama standard in the State of Bihar. The Chairman of the Board made a request to the University to depute a competent and experienced person to conduct and control the examinations conducted by the Board vide his letter No. 21/15 dated 29-7-1981. The Registrar of the University by his letter No. 8105/89 dated 14-8-1981 (Annexure-2 to the S. L. P.) communicated the decision of the University granting permission for the appellant who was then a lecturer in Post Graduate department of the University to be deputed as Controller of Examinations of the board until further orders. The Government of Bihar in the Department of Education by Notification dated 17-9-1982 (Annexure-3) authorised the appellant to discharge all duties and responsibilities of the Controller of Examinations of the Board and made the order effective from the first day of deputation. It appears from the letter of the State Government to the Accountant General, Bihar dated 16th June, 1983 (Annexure-4) that the post of Assistant Registrar (Sanskrit Education) which was created in the Bihar Sanskrit Shiksha Parishad on being transferred to the Bihar Sanskrit Shiksha Board was re-designated as Controller of Examinations. 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 Notification dated 10th November, 1986 (Annexure-8) issued by the Department of Education of the Government of Bihar the appellant was appointed as Controller of Examinations under the Board on the pay scale of Rs. 1000-1820/- from the date of issue of the Notification till further orders.
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