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1992 Supreme(Pat) 268
PATNA HIGH COURT
Binod Kumar Roy and Indu Prabha Singh JJ.
Teachers Association Of The Government Engineering Colleges
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 1451 of 1988 ; 9111 of 1988 ;
Decided On : AUGUST 04, 1992
The state government cannot discriminate between similarly situated employees in matters of age of superannuation and pay scale benefits.
Headnote:
EDUCATION - AGE OF SUPERANNUATION - DISCRIMINATION - U.G.C. PAY SCALE - ARREARS - Bihar State Universities Act, 1976, Sec. 2(v) - Constitution of India, Arts. 14, 16, 309 - Bihar College of Engineering, Patna - Bihar Institute of Technology, Sindri - Muzaffarpur Institute of Technology, Muzaffarpur - Bhagalpur Engineering College, Bhagalpur - Teachers Association of the Government Engineering Colleges - Bihar Service Code.
Fact of the Case:
Petitioners, representing various engineering colleges in Bihar, sought to challenge the discrimination in age of superannuation and U.G.C. pay scale benefits between them and their counterparts in the Bihar College of Engineering, Patna. They argued that the state government's actions violated Articles 14 and 16 of the Constitution, which prohibit discrimination and guarantee equality of opportunity.
Finding of the Court:
The court found that the Bihar College of Engineering was owned by the state government and that the teachers in the other engineering colleges were similarly situated to those in the Bihar College of Engineering. It held that the state government's discrimination in implementing the U.G.C. Pay Scale and age of superannuation was arbitrary and unreasonable, violating Articles 14 and 16 of the Constitution.
Issues: 1. Whether the state government's discrimination in age of superannuation and U.G.C. pay scale benefits between the petitioners and their counterparts in the Bihar College of Engineering, Patna, violated Articles 14 and 16 of the Constitution. 2. Whether the petitioners were entitled to arrears of salary for the period from 1-1-1973 to 31-3-1975.
Ratio Decidendi: The court relied on the principle of equality before the law and equal protection of the laws enshrined in Articles 14 and 16 of the Constitution. It held that the state government could not discriminate between the petitioners and their counterparts in the Bihar College of Engineering, Patna, as they were similarly situated. The court also held that the petitioners were entitled to arrears of salary for the period from 1-1-1973 to 31-3-1975, as the state government had received grants from the University Grant Commission for that period.
Final Decision: The court allowed the writ petitions and directed the state government to bring the age of superannuation of the teachers working in the engineering colleges other than the Bihar College of Engineering, Patna, at par with those working in the Bihar College of Engineering, and to pay them the arrears of salary if received and give benefits flowing therefrom to the petitioners.
BINOD KUMAR ROY, J.
1. In these writ petitions since common questions of law and facts are involved, they are being disposed of by this common judgment.
2. Petitioner No. 1 of C.W.J.C. No. 1451 of 1988 is the Teachers Association of the Government Engineering Colleges, Petitioner No. 2 is its Vice-President and Petitioner No. 3 is its Secretary, C.W.J.C. No. 9111 of 1988 has been filed by the Principal of the Bhagalpur Engineering College, Bhagalpur, C.W.J.C. No. 2157 of 1989 has been filed by an Associate Professor and Head of the Department of Electrical Engineering, B. I. T. Sindri, C.W.J.C. No. 4290 of 1989 has been filed by a Professor of Mechanical Engineering, Muzaffarpur Institute of Technology, Muzalfarpur, Bihar. C.W.J.C. No. 7609 of 1989 has been filed by the Director, Bihar Institute of Technology, Sindri. Their common prayers, as pressed during hearing, are (i) to issue an appropriate writ/writs or direction to the Respondents to give similar benefits to the petitioners in the matter of pay scales and retirement age, which have already been given to the Teachers of the Bihar College of Engineering, Patna, and (ii) they be paid arrears in U.G.C scale from 1-1-1973 to 31-3-1975 and not only from 1-4-1975 (as decided vide Annexure-1 of C.W.J.C. No. 1451 of 1988).
3. No counter-affidavit has been filed by the Respondents, except in C.W.J.C. No. 7609 of 1989.
4. The undisputed facts are that (1) The Government of Bihar has four Engineering Colleges-Bihar College of Engineering, Patna (Controlled and affiliated under the Patna University) Muzaffarpur Institute of Technology (affiliated and controlled by the Bihar University), Bhagalpur Engineering College, Bhagalpur (affiliated and controlled by the Bhagalpur University) and B.I. T., Sindri (affiliated and controlled by the Ranchi University), all of which are financed by the Government of Bihar through its Technical Education Department, (2) The Government of Bihar transferred the control and management of the Bihar College of Engineering to the Patna University, (3) Though U. G. C. recommended the age of superannuation 60 years but the State Government enhanced the age of Patna University Teachers to 62 years, which has not been given to the Petitioners, (4) In C.W.J.C. No. 522 of 1979, this Court held that the Bihar College of Engineering is owned by the Government of Bihar and the facilities enjoyed by its teachers should be extended to other Engineering Colleges of the State and (5) Petitioners are being given U. G. C. Scale.
5. Learned Counsel for the petitioners submits as follows:
(i) In view of the ratio decidendi of this Court in the case of Sundesh-wari Pd. Singh and Ors. V/s. State of Bihar and Ors. CWJC No. 522 of 1979, disposed of by a Division Bench on 2-7-1980, which stood affirmed by the Supreme Court by rejection of the Petition for Special Leave to Appeal (Civil) No. 9096 of 1980, preferred against the aforementioned judgment, the petitioners are entitled to Relief No. 1.
(ii) In view of the patent fact that the State of Bihar was provided necessary Grant by the U. G. C., it was not justified in not granting Relief No. 2 to the petitioners on the ground that necessary files have been misplaced.
6. Mr. Rafat Alam and Mr. Roy, learned Counsel appearing on behalf of the Respondents, however, submit that the petitioners are not entitled to any relief whatsoever. The judgment of this Court relied upon by the learned Counsel for the petitioners, is distinguishable and its ratio does not apply to their cases. The age of the teachers in the Patna University has been prescribed under the University Act, whereas, the petitioners being Government servants, are governed by the Bihar Service Code.
7. In the earlier writ petition bearing C.W.J.C. No. 7853 of 1988 (Dr. Nagina Prasad Yadav V/s. The State of Bihar and Anr. disposed of by a Division Bench on 12-10-1988, the following order was passed:
Heard learned Counsel for the parties. The stand of the peti
