JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. In order to appreciate the context in which the petitioner has filed the present writ application seeking relief in the main application as well as by way of amendment in relief through LA. No. 01 of 2021, it would be appropriate to take note of certain facts emerging from the pleadings on record which are not in dispute and are just for adjudication.

3. The petitioner was appointed as an Upper Division Clerk on 20.08.1973 and as an Accountant on 01.01.1983 in Women's College, Samastipur District, which is presently a constituent unit of L.N. Mithila University, Darbhanga. On attaining the age of superannuation, he retired w.e.f. 31.12.2011.

4. The Education Department, Government of Bihar vide G.O. dated 25.02.1987 had declared non-teaching staff of the Universities and constituent Colleges equivalent to government staff. It appears that in protest against non-fulfillment of certain demands regarding claim of the non-teaching employees of the Universities in the State of Bihar, a Federation of associations of employees of constituent Colleges of the Universities had gone on strike. The dispute, however, was resolved with an agreement reached between the Federation of associations and the State Government, which was communicated to all the Vice Chancellors of the Universities of the State for necessary action. For non-implementation of the said agreement, the non-teaching employees again resorted to strike whereafter an understanding was arrived at between the Federation and the Government of Bihar. As the agreement was not being implemented, the employees again went on strike on 01.07.2007, which led to complete disruption of educational activities in the Colleges and the Universities of Bihar.

A meeting was subsequently held between the representatives of the Federation and the Government of Bihar and an agreement/understanding was again arrived at on 17.07.2007 and a proceeding was accordingly drawn on 18.07.2007. Items 3, 4 and 5 of the said understanding are relevant for the present adjudication, which read as under :-

3. Facility of ACP may be given to the employees.

4. Head Assistant and Accountant of the Colleges may be designated as Section Officer at the departmental level.

5. Pay scale of Rs. 5500-9000 may be granted to the Assistants of Colleges and university.

5. Non-implementation of the agreement/understanding arrived at on 18.07.2007 was not being implemented by the authorities which resulted into yet another indefinite strike of non-teaching staff of the Universities. Complaining continuous disruption of teaching work in the Colleges and the Universities in the State of Bihar, a student namely, Sunny Prakash addressed a letter to Hon'ble the Chief Justice of this Court with a request to intervene to end the strike in public interest. The letter was treated as a Public Interest Litigation by this Court giving rise to C.W.J.C. No. 10870 of 2008. A Division Bench of this Court in case of State of Bihar and Another v. Sunny Prakash and Others passed an interim order dated 07.08.2008 directing the Chief Secretary, Government of Bihar to ensure that the commitment given by the State Government to Bihar State University and College Employees Federation was honored and implemented within one month from the date of the said order. The State of Bihar preferred Special Leave Petition registered as SLP (C) No. 22617 of 2008 before the Supreme Court which gave rise to Civil Appeal No. 516 of 2013 in case of State of Bihar and Another v. Sunny Prakash and Others. The Supreme Court upon examining various aspects of the issues involved disposed of the said Civil Appeal No. 516 of 2013 reported in (2013) 3 SCC 559 with following observation and direction:-

"21. In the case on hand, we have already demonstrated various communications issued by the Government for implementation of the earlier decision. In such circumstance, we have n