Syed Hassan vs The State of Bihar

Rekha M. Doshit, C.J.—This Petition under Article 226 of the Constitution has been filed by one Dr. Syed Hassan, a retired Professor of English, for recovery of "arrears and other claims/dues concerned with provident fund, differed dearness allowance and group insurance contribution" for the service rendered for the period from 11th July 1966 to 21st June 1991 in B.S. College, Danapur and College of Commerce, Patna, the constituent colleges of the Magadh University. The petitioner has calculated his dues at Rs. 5,39,377/- after deducting the sum of Rs. 65,282/- paid to the petitioner on 2nd November, 2006.

It appears that the petitioner served under the Magadh University from 1966 to 1991 in the aforesaid colleges at Danapur and Patna. In 1991 he was selected for the post of Principal under the B.N. Mandal University, Madhepura. The petitioner accepted the said assignment and joined the service under the B.N. Mandal University at Saharsha on 22nd June 1991. The petitioner has approached this Court for redressal of his grievance time and again. He first approached in C.W.J.C. No. 3141 of 2002 which came to be disposed of on 16th May 2005. The learned single Judge directed the petitioner to make representation and the university to consider and decide the representation. In case any amount became due to the petitioner, the university was directed to pay such amount with interest @ 5% per annum. Since 2005 the dispute has lingered on. Some amounts have been paid to the petitioner but not to the satisfaction of the petitioner. The petitioner has, therefore, approached this Court once again in above writ petition for the aforesaid outstanding claims supported by a report made by the chartered accountants M/s. P. Jha & Associates. Although the petitioner has placed elaborate calculations before this Court, the same have not been explained nor the said calculations have been accepted by the university.

At the outset, I must note that the report of the chartered accountants M/s. P. Jha & Associates has no probative value. Neither the said report is admissible in evidence nor does it have a legal basis. The chartered accountants has been employed by the petitioner without the concurrence of the university. The report has been prepared unilaterally on the basis of the information submitted by the petitioner. Apart from the aforesaid report of the chartered accountants, there is no other reliable material before this Court to verify the genuineness of the claim made by the petitioner.

The Magadh University has contested the writ petition. Although university has not expressly denied the claim raised by the writ petitioner, the university has maintained that the claim made by the petitioner, duly audited and submitted by the college, was accepted by the university and accordingly a sum of Rs. 65,282/- was paid to the petitioner on 2nd November 2006. After audit by the official auditors of the State Government, a further sum of Rs. 30,161/- was paid to the petitioner on 12th December 2009. The audit report is produced on the record of the Petition. A sum of Rs. 6,898/-, the amount of group insurance and the interest thereon, was paid to the petitioner on 15th September 2006.

The Petition raises a highly disputed money claim made by the petitioner. Such claim cannot be entertained or decided in a petition filed under Article 226 of the Constitution. As per the university, outstanding claims of the petitioner, as were admitted, were paid to the petitioner, as recorded hereinabove. The rest of the claims are not only not accepted by the university, the said claims are not supported by cogent materials or evidence. Such claims, therefore, cannot be allowed in the present Petition.

As recorded hereinabove, this Court has, as early as on 16th May 2005, directed the university to consider the claim and pay the outstanding dues with interest @ 5% per annum. Although the university has made specific assertion that the outstanding dues and interest of Rs. 65,282/- was paid on 2nd November 2006, in respect of the sum of Rs. 30,161/-, the university has not made any statement in respect of interest payable @ 5% per annum. It is obvious that the aforesaid amount of Rs. 30,161/- was payable for the period prior to June 1991 when the petitioner joined the service under B.N. Mandal University. The petitioner, therefore, is entitled to interest @ 5% per annum on the aforesaid sum of Rs. 30,161/- from 1st July 1991 till the date of payment in December 2009, almost 20 years. I, therefore, direct that in lieu of the interest the respondent Magadh University will pay a sum of Rs. 30,000/- to the petitioner within one month from today.

The Petition is allowed to the aforesaid extent only.

It is clarified that this order shall not preclude the petitioner from pursuing the remaining claims for recovery of outstanding dues before the Civil Court.

Registry will send copy of this order to the respondent Nos. 2 and 3 forthwith.