Dr. Manoj Srivastava vs State of Jharkhand

Pramath Patnaik, J

1.In this writ application, the petitioner has sought for direction to the respondents for payment of arrears salary of the petitioner no.1 from October,

2003 and petitioner no.2 from January, 2004 as well as the current salary. During pendency of the writ application, vide order dated 28.01.2013 in I.A.

No.2687 of 2012, the amendment sought for incorporating the prayers and for impletion of Nilambar Pitambar University through its Vice Chancellor

and its Registrar as respondent nos.5 and 6 respectively have been allowed and the petitioners have further prayed for direction upon the respondents

to grant and pay arrear salary to the petitioner no.1 from October, 2003 till February, 2007 in the revised UGC scale of pay and the petitioner no.2

January, 2004 till February, 2007 in the revised UGC pay scale and the petitioners have further prayed for direction to the respondents to make

payment of arrears of salary in revised UGC pay scale of Rs.8,000-13,500/- w.e.f 01.01.1996 and in the revised UGC pay scale of Rs.15,600-39,100/-

w.e.f 01.04.2006. Further, prayer has been made for direction to the respondents to make payment of difference of arrear salary to the petitioner in

the revised UGC pay scale w.e.f March, 2007 till date.

The brief facts as has been delineated in the writ application is that the petitioner no.1 was appointed on the post of Lecturer in English in S.S.J.S.

Namdhari College, Garhwa in the year, 1986 and the petitioner no.2 was appointed on the post of Lecturer in Commerce in the said college in the

year, 1987. Accordingly, both the petitioners joined on the said posts. The petitioners after joining the said posts continued to discharge their duties and

the college was made constituent college of Ranchi University in the year, 1987. It has been averred in the writ application, the petitioners appeared

before the Hon’ble Justice S.C. Agrawal Commission and the name of the petitioners appeared at serial nos. 29 and 74. The services of the

petitioner no.1 was absorbed provisionally in Ranchi University under Section 4 (14) of Jharkhand State Universities Act, 2000 vide notification dated

03.03.2005. Thereafter, the petitioner has been deputed to Y.S.N. Mahila College, Daltonganj and also J.S. College, Daltonganj. The petitioner no.1

has been paid salary till September, 2003 thereafter, salary has not been paid. Similarly, the case of the petitioner no.2 was absorbed provisionally in

the service of Ranchi University under Section 4(14) of the Jharkhand State Universities Act, 2000 and the salary of the petitioner no.2 was paid till

December, 2003 thereafter, salary has not been paid. Due to non-payment of salary, the Principal of the College sent the salary demand to the

respondent no.4 and also the report was called from respondent no.4 by the respondent no.2 for non-payment of salary to the petitioners. Being

aggrieved by the non-payment of salary in spite of representations vide Annexure-8 to the writ application petitioners have been constrained to

approach this Court under Article 226 of the Constitution of India for redressal of their grievances.Â

A counter-affidavit by respondent nos.1 and 2 dated 03.11.2017 has been filed repelling the contentions made in the writ application. In the

counteraffidavit, it has been submitted that a large number of complaints of manipulations and fabrication of records in Affiliated Colleges were

received by the Government of State of Bihar. So, the State Government took a decision to set up a vigilance enquiry into the alleged malpractices

adopted by the said Affiliated Colleges in inducting employees. Apprehending termination of their services, the writ petition was filed by the Union

under the name and style of ‘Bihar Rajya Mahavidyalaya Shikshak Awam Shikshaketar Karamchari Kalyan Mahasangh’ before the

Hon’ble Patna High Court in C.W.J.C No.4021 of 1995 which was disposed of by judgment dated 31.01.1997 as reported in 1997 (1) PLJR with

a direction to the concerned respondents to take steps under subSection (14) of Section-4 of Bihar Universities Act, 1976 in respect of regularization

of the services of the teachers of the Colleges which were made constituent in 4th Phase. The State of Bihar being aggrieved by the said judgment

moved before the Hon’ble Supreme Court in Civil Appeal No.6098 of 1997. In the said appeal, the Hon’ble Supreme Court constituted a One

man Committee of Hon’ble Mr. Justice S.C. Agarwal (Retd.) from the Hon’ble Supreme Court for making a detailed enquiry and submitting a

report. The report of the Commission of enquiry of Hon’ble Justice S.C. Agrawal (retired) has been accepted and all objection filed against the

said report were rejected by the Hon’ble Apex Court. With regard to the petitioners, it has been submitted that the petitioner no.1 and petitioner

no.2 were appointed as Lecturer in English and Commerce respectively but they did not possess the requisite qualification for appointment on the post

of Lecturer. Therefore, the name of petitioners did not appear in Annexure-IIIA & IVA of the Agrawal Commission Report. Further, the Hon’ble

Supreme Court in SLP (C) No.12591 of 2010 in Krishna Nand Yadav and Ors. Vs. The State of Bihar has appointed a one man Commission

Hon’ble Justice, S.B. Sinha (Retd.) to adjudge the claims of each of the employees for absorption in Constituent Colleges on the anvil of Justice

Agrawal Commission Report. Justice Sinha Commission found that there was no record to show that both the petitioners were appointed against

sanctioned posts and also their name did not appear in Annexure-IIIA & IV A of the Agrawal Commission Report and therefore, Justice S.B. Sinha

Commission rejected the claim of both the petitioners as per Annexure-A to the counteraffidavit.

A counter-affidavit has been filed by respondent nos.5 and 6 (N.P. University, Palamau). In the counter-affidavit, it has been submitted that as per

the decision taken in the meeting held at HRD Deptt., Govt. of Jharkhand, Ranchi dated 20.02.2009 for compliance of Article 70 B of JSU Act, 2000

as amended to date, any claim regarding payment of arrear etc. before 17th January, 2009 (before the formation of N.P. University) will be the

responsibility of Ranchi University, Ranchi.

Reply/rejoinder affidavit to the counter-affidavit filed on behalf of the respondent nos.1 and 2 has been filed on behalf of the petitioners on

17.11.2017, wherein the names of petitioner no.1 and 2 have found place at serial no.29 and 74 in the subject of English and Commerce respectively

and both the petitioners have been found working against the sanctioned posts as per annexure-11 to the rejoinder affidavit. It has further been

submitted that the Ranchi University in compliance with the Hon’ble Supreme Court judgment in Civil Appeal No.6098 of 1997 and in the light of

the recommendation made by Hon’ble Mr. Justice (Retd.) S.C. Agarwal Commission and regulation of syndicate in its meeting held on 02.03.2005

and 14.07.2005 have absorbed the petitioners in the services of the Ranchi University which are quite evident from notification vide Annexures 1 and

4 of the writ application. Further, it has been submitted that the petitioners’ provisional pay fixation has also been made by the pay fixation

committee of Ranchi University and also it has been submitted that petitioners’ names appeared in Annexure-III/A of the Agrawal Commission

report and the statement made by the respondent that the petitioners’ names do not appear in Annexure-III/A and IV/A of the Agrawal

Commission Report are incorrect, misconceived and misleading.Â

Learned counsel for the petitioners submits that since the services of the petitioners have been absorbed by the University under Section 4(1)(14) of

the Jharkhand University Act therefore, the Government of Jharkhand is bereft of his jurisdiction to exercise the power under Section 35 of the Act

denying absorption. In order to buttress his submission, learned counsel for the petitioners has referred to (2005) 9 SCC 129 Page 155 Para 73 and

2013 (2) JCR 517 (Jhr) Para 3 in Dr. Trilochan Mahto & Ors. Vrs. State of Jharkhand & Ors.

As against this submission, learned counsel for the State as well as respondents-University submit that since the services of the petitioners have

been rejected by the Hon’ble Justice S. B. Sinha Committee after taking into consideration the relevant facts it would not be open to the

petitioners to agitate the matter which have been conclusively decided and attained its finality.

Having bestowed my anxious consideration to the rivalized submissions and on perusal of the records, this Court is of the considered view that in

view of certain contemporaneous documents with regard to the claim of the petitioners for appointment against sanctioned posts and subsequent

provisional absorption by the University as per Section 4(1)(14) of the University Act, it would be in the fitness of things to remit the matter to the

Committee as has been constituted in pursuance to judgment passed in W.P.(S) No.3375 of 2016 and analogous cases (Dukhu Ram Kuiry Vs. State

of Jharkhand and Ors.), wherein this Court has been pleased to refer the Batch of cases to a Committee to look into individual cases and accordingly,

the writ petition is disposed of with a liberty to the petitioners to approach the concerned University with relevant documents. On receipt of the said

documents, the University shall forward the relevant documents to the Committee, as has been constituted, who shall decide the same and pass

appropriate order with regard to absorption and payment of consequential salary including revised salary as per UGC, as expeditiously as possible

within a period of six months from the date of receipt or communication of the order.

With the aforesaid direction, the writ petition stands disposed of.

In view of the disposal of the writ application, I.A. No.1783 of 2018 also stands disposed of.Â

                               Â

          Â