IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
CWJC Nos. 22953 with 13402, 15132, 17468 and 18073 of 2018
(18.10.2024)
Bimal Kumar Bimal (in 22953)
Arvind Prasad Singh (in 13402)
Murli Manohar Prasad Singh (in 15132)
Kumud Kishore Prasad (in 17468)
Umesh Prasad Choudhary
(in 18073) ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
(in all)
University Laws – Benefits of ACP/MACP to the University employees (non-teaching staff) – Once a decision has been taken by the Government of Bihar vide Educational Department GO No. 123/C dated 25.02.1987 declaring and treating the non-teaching staffs of the Universities and Constituent Colleges equivalent to the Government staff and further implemented the prescription of ACP/MACP to the employees of the Universities and Constituent Colleges, the State Government cannot turn around and rely upon notification no. 429 dated 04.03.2013 (Statute-I) that in absence of any specific order with regard to applicability of the amended provision of ACP Rule, the same cannot be made applicable in the case of the employees of the Universities and Constituent Colleges automatically – The Statute of aforesaid notification no. 429 came into effect on 4.3.2013 and thus the right once vested in the employees of the Universities and Constituent Colleges granting benefits of ACP/MACP way back in the year 2003, after promulgation of ACP Rules, 2003 and further its amendment in the year 2006 and 2008, which brought the amended prescription in force, with effect from 9.8.1999 i.e. the date of promulgation of ACP Rules, 2003 it cannot be divested and snatched away by a subsequent notification of the year 2014 – The caveat stipulated in the notification no. 429 dated 4.3.2014, if allowed to apply retrospectively, boring the applicability of the amended provisions of the ACP Rules to the case of the employees of the Universities and Constituent Colleges, it will create an anomalous situation and render the decision of the Government to treat the employees of the Universities and Constituent Colleges at par with the Government employees, otiose – It is held that the notification no. 429 dated 4.3.2014 would have no application in the case of the petitioners and even for the sake of technicalities, if there is any requirement of any order from the competent authority to get the amended prescription of the ACP Rules, 2003 applicable in the case of the employees of University and its Constituent Colleges, it shall be deemed to be granted, as held above and especially by the decision of the Division Bench of the High Court and duly affirmed by the Apex Court – Thus, it is held that the ACP Rules, 2003 with all its amendment framed for the State Government employees is also applicable to the non-teaching employees of the Universities and Constituent Colleges; that being so, the petitioners are entitled to the benefit of the amended provisions and its consequential financial outcome – All the batch of writ applications allowed – University directed to refix the pension of the petitioners and other benefits after according the benefit of amended provision of the ACP/MACP Rules and further to grant the interest @ 12.5% over the GIS and interest @ 9% on the deferred D.A. – In view of the present decision of the Court, any order of recovery passed against the petitioners held unsustainable and stands cancelled – Entire calculations to be made within three months. (Paras 39 to 49)
State of Bihar Vs. Sunny Prakash, 2013 (1) BLJ 170 (SC) : (2013) 3 SCC 559; Prakash Rekhi Vs. Union of India, 1981 (1) SCC 449; Balram Gupta Vs. Union of India, AIR 1987 SC 2354; Bhupendra Nath Hazarika Vs. State of Assam, 2013 (2) SCC 516; State of Haryana Vs. Piara Singh, 1992 (4) SCC 118; Kedar Nath Pandey Vs. Magadh University, (C.W.J.C. No. 7636 of 2014) – Relied.
Indranath Jha Vs. State of Bihar, (CWJC No. 4722 of 2020); State of Punjab Vs. Rafiq Masih, (2015) 4 SCC 334 – Referred.
Harish Kumar, J.—Considering the identical nature of grievance based upon similar facts, with the consent of all the parties; these batch of the writ petitions were heard simultaneously and being disposed off by this common order/judgment.
2. The issue involved in the batch of these writ petitions is in narrow compass with regard to the applicability and entitlement of the petitioners to the benefit under the amended provisions of the Assured Career Progression Scheme (hereinafter referred to as ‘the ACP Scheme’) and its quantified benefits thereupon as well as the entitlement to interest on Group Insurance Scheme at the rate of 12.5% and the interest at the rate of 9% on the deferred dearness allowance along with statutory interest over the delayed payment.
3. Before answering the issue involved in the present writ petitions, the necessary facts, which are germane for adjudication are required to be taken note of.
4. The petitioners in all the batch of the writ petitions are retired Office Assistants/Accounts Assistant and Senior Selection Grade Assistant of L. N. Mithila University. Aggrieved by the inaction of the respondent State as well as University authorities, they are invoking the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to ensure payment of full pension as well as difference of pension after according the benefit of ACP and 6th Pay Scale. The petitioners also sought a direction upon the authorities concerned to ensure payment of admissible Group Insurance and deferred dearness allowance along with admissible interest.
5. Upon being superannuated, the petitioners have been allowed the pension and the other benefits on the fixed pay scale after granting the benefit of ACP/MACP. However, despite lapse of a considerable period, when the petitioners have not been accorded the full and final pension and other retiral benefits/admissible dues, the petitioners approached before the Pension office of the respondent University. It is worth noting that in compliance of the order of the Hon’ble Supreme Court in the case of State of Bihar and Another vs. Sunny Prakash and Others (Civil Appeal No. 516 of 2013), reported in (2013) 3 SCC 559 [: 2013 (1) BLJ 170 (SC)], the petitioners were accorded the admissible pay scale of Rs. 5500-9000/- with effect from 01.01.1996 and also the benefits of 1st and 2nd ACP by the Statutory Pay Fixation Committee.
6. Notably the petitioners have been allowed the pay scale of Rs.5500-9000/- on 01.09.1996, thereafter they were accorded the benefit of 1st ACP in the pay scale of Rs.6500- 10500/- on 09.08.1999 considering the fact that the petitioners were also entitled to the benefit of 2nd ACP in view of the amendment in the ACP Rules in the year 2006 and further in the year 2008, the petitioners have also been accorded the benefit of 2nd ACP in the pay scale of Rs.10,000-15,200/- with effect from the same date on 09.08.1999. Later on, the petitioners were granted the pay scale of Rs.15,600-39,100/- with Grade Pay of Rs. 6600/- with effect from 01.01.2006. On the basis of the aforenoted pay scales, pensions of the petitioners were duly fixed and they have been paid arrears of pension partially on last pay point of Rs.15,600-39,100/- with Grade Pay of Rs. 6600/- for two years.
7. Notwithstanding the fixation of the pension after due consideration of the prescriptions, as provided under the ACP Rules, and the amendment thereof, when the petitioners have not been allowed the pre and post retiral dues, the petitioners approached before this Court by filing the present writ petitions. Surprisingly, instead of making payment of arrears, the matter was placed before the Pay Verification Cell and without there being any notice or opportunity of hearing, the pay scale of the petitioners were slashed down by excluding the benefit of 2nd ACP in the pay scale of Rs.10,000-15,200/- and finally the petitioners have been accorded the pay scale of Rs.9300-34,800/- with
State of Bihar vs. Sunny Prakash
Prakash Rekhi vs. Union of India
Balram Gupta vs. Union of India
Bhupendra Nath Hazarika vs. State of Assam
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
The ACP Rules were not part of the salary grant, and the statutory provisions did not entitle non-teaching employees parity with government employees with respect to the ACP Rules.
The discretionary nature of state policy decisions regarding pay revisions is upheld, with no obligation to adopt central schemes mandatorily.
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
Points Of Law : Any amounts paid to appellants under order of the Principal dated or even under the order of learned Single Judge (if any) will not be sought to be recovered from appellants.
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