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HIGH COURT OF PATNA
Aftab Alam, J.
B.R. Ambedkar Bihar University Teachers Association - Petitioner
vs.
The State of Bihar & ors. – Respondents
C.W.J.C. No. 5859 of 1996
Decided On : 4.3.1998
BUDGETARY PROVISIONS - Bihar Universities Act, 1976 - Sanctioned and non-sanctioned posts - Annual increments - Qualifying service for promotion - Pay scales and emoluments - Time bound promotions - Pay scales and other emoluments of non-teaching Class III and Class IV employees.
Fact of the Case:
The Court was tasked with answering legal questions identified by a one-man committee constituted to prepare the annual budget for B.R.A. Bihar University. The issues related to sanctioned and non-sanctioned posts, annual increments, qualifying service for promotion, pay scales and emoluments, time bound promotions, and pay scales for non-teaching Class III and Class IV employees.
Finding of the Court:
1. Budgetary provisions were to be made for sanctioned posts, posts approved by the University Syndicate or Governing Body of affiliated colleges, and posts created with the approval of the State Government. 2. Annual increments were to be granted from the date of absorption or 1.1.1981, whichever was earlier, for lecturers absorbed under the 1980 Absorption Statutes. Lecturers absorbed under the 1986 Absorption Statutes were to receive their first increment after one year of service from the date of their appointment. 3. Qualifying service for promotion under the Promotion Statutes was to be calculated from the date the concerned teacher began serving in a University Department or a degree college managed and maintained by the University. 4. Promotee Readers and University Professors were not entitled to the higher U.G.C. scales of pay but were entitled only to the lower pay scales. 5. Laboratory Assistants/Laboratory Technicians who were re-designated as Demonstrators and given the pay scale of Demonstrator were entitled to the benefit of promotions under the Statutes concerning Demonstrators. 6. Non-teaching Class III and Class IV employees of the Universities were entitled to two time bound promotions available to the Government employees. 7. The pay scales and other emoluments of the non-teaching Class III and Class IV employees of the Universities were to be fixed in accordance with the Government directions.
Issues: 1. What posts were to be considered sanctioned for budgetary purposes? 2. When were annual increments to be granted to lecturers absorbed under the Absorption Statutes? 3. From what date was qualifying service for promotion under the Promotion Statutes to be calculated? 4. Were promotee Readers and University Professors entitled to the higher U.G.C. scales of pay? 5. Were Laboratory Assistants/Laboratory Technicians who were re-designated as Demonstrators entitled to the benefit of promotions under the Statutes concerning Demonstrators? 6. Were non-teaching Class III and Class IV employees of the Universities entitled to two time bound promotions available to the Government employees? 7. How were the pay scales and other emoluments of the non-teaching Class III and Class IV employees of the Universities to be fixed?
Ratio Decidendi: 1. The Court interpreted the relevant provisions of the Bihar Universities Act, 1976, and the University Statutes to determine which posts were to be considered sanctioned for budgetary purposes. 2. The Court interpreted the relevant provisions of the Absorption Statutes to determine when annual increments were to be granted to lecturers absorbed under those Statutes. 3. The Court interpreted the relevant provisions of the Promotion Statutes to determine from what date qualifying service for promotion under those Statutes was to be calculated. 4. The Court interpreted the relevant provisions of the U.G.C. Scheme and the State Government's notification to determine whether promotee Readers and University Professors were entitled to the higher U.G.C. scales of pay. 5. The Court interpreted the relevant provisions of the Statutes concerning Demonstrators to determine whether Laboratory Assistants/Laboratory Technicians who were re-designated as Demonstrators were entitled to the benefit of promotions under those Statutes. 6. The Court relied on a previous judgment of the Court to determine that non-teaching Class III and Class IV employees of the Universities were entitled to two time bound promotions available to the Government employees. 7. The Court interpreted the relevant Government circulars to determine how the pay scales and other emoluments of the non-teaching Class III and Class IV employees of the Universities were to be fixed.
Final Decision: The Court answered the legal questions identified by the committee in its two interim reports. The Court directed that the budget be prepared in accordance with its findings and observations. The Court clarified that its order was for the purpose of preparing the annual budget of the B.R. Ambedkar Bihar University and that no findings, observations, or comments made in the order were intended to adjudicate upon rights and liabilities of any individual.
Aftab Alam, J.
By order dated 30.7.1997 this Court constituted a one man committee of Mr. Justice S. Sarwar Ali requesting him to prepare the annual budget for the B.R.A. Bihar University after hearing the Government, the University authorities and other interested parties. After taking up the exercise as requested by this Court Mr. Justice Ali submitted two interim reports dated 3.11.1997 and 2.12.1997. In these reports he identified and formulated certain disputed legal issues which had cropped up in course of preparation of the budget and on which conclusive judicial pronouncement was deemed necessary before a realistic and meaningful budget could be finalised.
2. Copies of the two interim reports were given to Mr. Ganga Prasad Ray, A.A.G. III appearing for the State, lawyers appearing for the different Universities and counsel for the petitioners in each of this batch of cases. Later, all the parties were heard at length on February 5, 6, 9 and 10, 1998 on the issues identified in the two interim reports and this order is being passed to answer the legal questions indicated in the two interim reports submitted by the committee.
3. Mr. A.A.G. III submitted that the FIRST issue that was required to be addressed was number of posts which were to be treated as duly sanctioned for budgetary purposes and the number of posts which were non-sanctioned and for which the Government was under no obligation to make any budgetary provision regardless of the fact that some persons might be working against such non-sanctioned posts.
4. After some arguments there was a general unanimity among the parties on this issue. The A.A.G. III representing the State, Mr. Ravi Shankar Prasad, counsel for the petitioners in CWJC No. 5859/1996, Mr. Prabhunath Roy appearing for the B.R.A. Bihar University, Mr. B.K. Jha, counsel for the T.N. Bhagalpur University, Mr. Chandra Shekhar appearing as amicus curiae and other counsel who at that moment were present in court all agreed that the issue regarding sanctioned and non-sanctioned posts may be answered in the following terms :
Budgetary provisions will be made:
(i) For all posts which were sanctioned by the University Syndicate or sanctioned by the Governing Body of the affiliated colleges and approved by the University Syndicate in accordance with law as it stood prior to 16.5.1977 before coming into force of the Bihar Universities Act, 1976.
(ii) For all posts created after 16.5.1977 with the approval of the State Government as provided under section 35(1) of the Bihar Universities' Act, 1976.
Note: Budgetary provisions will be made for all posts as indicated at serials (i) and (ii) above even though the incumbents should be holding those posts without the prior approval of the State Govt. as provided under section 35(2) of the Act.
(iii) For all teaching posts in affiliated colleges taken over as constituent units in the fourth phase of conversion in respect of which the concerned universities took a positive decision of regularisation of the incumbent's services in the light of the division bench decision of this court in CWJC No. 4021/1995; date of disposal 31.1.1997 (Bihar Rajya M.S.A.S.K.K. Mahasangh and others vs. State of Bihar and others: 1997 (1) PLJR 533). If the division bench decision of this court is reversed, set aside or modified by the Supreme Court in S.L.P. No. 10452/1997 filed at the instance of the State, budgetary provisions, in future, will be made in accordance with the directions of the Supreme Court.
Note: In case the University is still engaged in the exercise and is yet to take a final decision in respect of all the teaching posts under consideration, a provision will have to be made in the budget for the university to make a supplementary demand/budget in accordance with its decision on the question.
(iv) For all non-teaching posts which would be covered by the full bench decision of this court in L.P.A. No. 36/1994, date of disposal 19.2.1997 (Braj Kishore Singh vs. State of
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