JUDGMENT

P. Sathasivam, J.:- Leave granted.

2. This appeal is directed against the judgment and order dated 07.08.2008 passed by the High Court of Judicature at Patna in CWJC No. 10870 of 2008 whereby the Division Bench of the High Court in a Public Interest Litigation (PIL) issued mandamus directing the Chief Secretary, Government of Bihar, Patna to ensure that the commitment given by the State Government to the Bihar State University and College Employees Federation (in short “the Federation”) is honoured and implemented within one month from the date of the judgment.

3. Brief facts:

(a) The Government of Bihar, Education Department, vide G.O. dated 25.02.1987, declared the non-teaching staff of Universities and Constituent Colleges equivalent to the Government staff.

(b) On 16.07.2003, an Agreement/Compromise was arrived at between the Federation and the State Government, regarding parity between the employees of the Constituent Colleges of the University and the State Government. On 21.07.2003, the State Government sent the said Agreement to the Vice Chancellors of all the Universities of the State of Bihar for necessary action.

(c) In 2005, because of the non-implementation of the Agreement arrived at, there was a strike by the Federation in the State of Bihar. Following the strike of the Federation, on 24.08.2005, an understanding was arrived at between the Federation and the Government of Bihar and the strike was recalled later.

(d) Since the Agreement was not implemented, on 01.07.2007, the Federation again went on strike which led to complete disruption of educational activities in the Colleges and the Universities of Bihar. On 17.07.2007, a meeting was held between the representatives of the Federation and the Government of Bihar and an Agreement/Understanding was again arrived at on 18.07.2007 for consideration of their demands. Pursuant to the same, on 19.07.2007, a letter was issued by the Government for implementation of the Agreement and the strike was recalled.

(e) In July, 2008, again, on account of non-implementation of the Agreement/Understanding, the Federation was again constrained to go on strike. Due to indefinite strike of teaching and nonteaching staff of the Universities, on 14.07.2008, a letter was written by Sunny Prakash (Respondent No. 1 herein), student of Daroga Prasad Roy Degree College, addressed to the Chief Justice of the High Court requesting to end the strike, which was treated as a Public Interest Litigation (PIL). On 28.07.2008, an intervention application was filed by the Federation (R-5) in the PIL before the High Court.

(f) After hearing the parties, the Division Bench of the High Court, vide order dated 07.08.2008, inter alia, directed the Chief Secretary, Government of Bihar to ensure that the commitment given by the State Government to the Federation which have been reduced to writing on 18.07.2007, is honoured and implemented within one month. The High Court also directed the Federation to withdraw the strike immediately.

(g) On 22.08.2008, an application was filed by the Government of Bihar for modification of the impugned order, which was also dismissed by the High Court.

(h) Aggrieved by the order dated 07.08.2008 passed by the High Court, the State of Bihar preferred the above appeal by way of special leave petition before this Court.

4. Heard Mr. Rakesh Dwivedi, learned senior counsel for the appellants, Mr. K.K. Venugopal, learned senior counsel for respondent Nos. 4 and 5, Mr. Manu Shanker Mishra, learned counsel for respondent Nos. 2 and 3 and Mr. Ashok Mathur for respondent No.1.

Discussion:

5. The onlygrievance of the State is that the Agreement dated 18.07.2007 relied on by the High Court for issuance of impugned direction was not in accordance with the Rules of Executive Business, State of Bihar which are statutory rules framed under Article 166 (3) of the Constitution of India. On the other hand, it is the stand of the Federation that the Agreement executed on 1