SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Pat) 33

IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjeev Prakash Sharma, J.
Balram Pandey Son of Late Dhanushdhari Pandey - Appellant
Vs.
The State Of Bihar and Ors. - Respondent
Civil Writ Jurisdiction Case No.250 of 2019
with
Civil Writ Jurisdiction Case No. 808 of 2019
Decided On : 01-02-2023

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Prashant Sinha, Mr. Satish Kumar Pandey, Mr. Sanjeev Kumar Jha, Adv.
For the State : Mr. Madanjeet Kumar- Gp20, Mr. Kameshwar Kumar, GP 17 Mr. S.K. Ranjan, AC to GP 17
For the University : Mr. Sanjay Singh, Sr. Adv. Mr. Deepak Kumar, Mr. Binay Kumar Singh, Adv.

Headnote:

Bihar State Universities Act, 1976 – Section 57(A)(6) – Constitution of India – Article 23 – Refusal to release grant for teachers working in various colleges under Sanskrit University – University has in terms of provisions of Section 57 (A) exercise its power and scrutinize cases of petitioners and found them fit to be confirmed on their post – Recommendation for releasing of grant was sent to State Government – Letter does not mention any reasons for not releasing grant – State Government and their officials have adopted a stubborn approach and there is complete non-application of mind on her part – Inspite of their being a direction issued by this Court earlier, salary of teachers who have worked for University for more than almost thirty years has been withheld from 2011/2012 – All of them have been performing their duties till their superannuation – No person shall be asked to perform duties without being paid their due salary – Colleges where petitioners were performing their duties are affiliated to University – Direction issued to release grant to concerned University for further distribution of salary and other allowances to petitioners. (Paras 7, 8, 10, 11 and 12)

JUDGMENT :

1. The petitioners by way of this writ petition have prayed for quashing of the letter dated 23.09.2018, whereby the Education Department, State of Bihar has refused to release the grant for the teachers who were working in the various colleges under the Sanskrit University and were appointed by the University. In C.W.J.C. No. 808/2019, the prayer has been made to provide release of salary of petitioners since June 2011 which has been withheld by the authorities concerned inspite of several proposals made by the University concerned and reminder sent to the State Authorities.

2. Brief facts which required to be noticed are as under :-

In C.W.J.C. No. 250/2019, petitioner states that he had applied under an advertisement issued on 21.06.1979 for the post of Lecturer and he was appointed for a period of six months. The appointment was approved by the University and extension was granted till further orders with effect from 1st July 1983 vide order dated 30th November 1983. He continued to draw salary and University confirmed the services in terms of decision of the syndicate vide letter dated 28.08.2010. Since February 2012, the petitioner’s salary was stopped. The Education Department sent a letter to the University to get the recommendation of selection committee in case of such teachers who are appointed by the governing bodies of the respective colleges. He attained superannuation on 31st January 2016, but did not receive salary for want of confirmation of service in terms of Section 57 (A) (6) vide order dated 29.02.2016. The University upon recommendations of the selection committee regularized the services of the petitioners with effect from 01.09.1977 but his retiral benefits were not released. He filed C.W.J.C. No. 18751/2017 before this Court. During the pendency of the writ petition the impugned order dated 23.09.2018 was passed and granting liberty to the petitioner to challenge the said order, the writ petition was disposed of and therefore the present writ petition has been filed. In C.W.J.C. No. 808/2019, it is stated that the petitioners had been appointed in several faculties against the sanctioned post of Assistant Professors in various affiliated colleges under the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga after following due selection process. They were being granted salary till May 2011 as per U.G.C. pay scale but their salary was withheld by the authorities thereafter. Since June 2011, the same has not been released. Representations were made, whereafter the issue was taken up by the Government directing the Education Department to release the salary from June 2011. A C.W.J.C. No. 444/2018 was preferred by thirty seven teachers where directions were issued to the respondents on 11.05.2018 with following directions :-

    “In view of above, the respondent-State, as well as the University are required to proceed further and ensure payment of salary within a maximum period of 3 months from the date of receipt/production of a copy of this order. It is made clear that after Annexure 13, the State cannot take plea that the matter is pending at the level of the University, and in view of the para 19 of the counter affidavit of the State, the University cannot take plea that the matter is pending at the level of the State.

In view of the development noted above, the University and the State are required to see that the payments are made to the petitioners both arrears as well as current within the time frame indicated hereinabove.

With the aforesaid, the writ petition stands disposed of.”

3. In spite of above directions, the respondents did not release the salary. The Additional Secretary of the Bihar Legislative Council also directed to release the salary vide its order dated 06.07.2018, but the same was also not complied with and an order rejecting claim was passed on 23.09.2018, therefore fresh writ petition was filed.

4. This Court passed an order on 20th August 2019 directing the State to file sp

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon Back to top