The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.

JUDGMENT :

1. Heard Sri Prashant Chandra, learned Senior Counsel assisted by Ms. Radhika Singh and Sri Satish Chandra Sitapuri, learned counsel for the petitioners, Sri Alok Sharma, learned Additional C.S.C. for respondent-State and Sri Shishir Jain, learned counsel for respondent - Committee of Management.

2. This bunch of writ petitions is being decided by means of a common judgment and order treating WRIT-A No.6006 of 2002 to be leading writ petition.

3. Brief facts of the writ petitions, separately, are as under:

Writ-A No.6006 of 2002:

a) On 22.04.1999, an order was passed by this Court in Writ Petition No.17179 of 1999, whereby direction was issued to the respondents to decide the representation of the Committee of Management taking into consideration the norms fixed by the Government as well as the recommendations of Director Higher Education.

b) On 31.08.1999, a High Power Committee decided the representation of Committee of Management and sanctioned 64 posts of non teaching staffs in D.A.V. College, Kanpur and

D.B.S. College, Kanpur by sanctioning one post of Animal Catcher, one post of Glass Blower, one post of Gas Man and one post of Peon by imposing condition that the State shall not bear any liabilities with regard to payment of salary and the management would have to bear the burden.

c) In pursuance to aforesaid sanction, name of petitioner Nos.1 to 4 were called from employment exchange and the meeting of selection committee was held on 27.02.2000 and selection of the petitioners was made.

d) The petitioners were appointed by the committee of management on the respective posts and when no action was taken by respondent No.3 on the communication dated 02.03.2000, they joined the duties on 13.12.2000.

e) Since then, the petitioners are discharging duty on their respective posts to the satisfaction of concerned authorities, however, they have not been paid salary, as the Committee of Management of the college has taken a stand that they do not have funds to pay in as much as, 80% of the fee collection is being deposited with the State Government, however, the respondents are not releasing the salary of the petitioners in view of condition imposed in the order dated 31.08.1999.

f) For the payment of salary to the petitioners, the committee of management has made several representations, but no heed has been paid to the same.

g) Petitioner No.3 -Rajendra Kumar died in the year 2008 and on his place, his wife has been granted appointment, who is getting regular salary month by month.

Writ-A No.6004 of 2002:

In pursuance to order passed by this Court in Writ Petition No.17179 of 1999 on 22.04.1999 and in pursuance to recommendation made by the high power committee on 31.08.1999 for sanction of 64 posts of non-teaching staff, wherein six posts were sanctioned for Book Lifters (Pustakalaya Parichar), a selection committee was constituted, who appointed the petitioners on the post of Book Lifter on 13.12.2000 calling their name from employment exchange. Since then, the petitioners are discharging their duties but no salary has been paid to them in view of condition levelled in order dated 31.08.1999.

Writ - A No. - 2586 of 2002:

In pursuance to order passed by this Court in Writ Petition No.17179 of 1999 on 22.04.1999 and in pursuance to recommendation made by the high power committee on 31.08.1999 for sanction of 64 posts of non-teaching staff, wherein one post of Cataloguer in each; D.A.V. College, Kanpur and D.B.S. College, Kanpur was sanctioned, a selection committee was constituted, who appointed the petitioner on the post of Cataloguer on 26.03.2001. Since then, the petitioner is discharging his duties but no salary has been paid to him in view of condition levelled in order dated 22.03.2001.

Writ - A No. - 4574 of 2002:

In pursuance to order passed by this Court in Writ Petition No.17179 of 1999 on 22.04.1999 and in pursuance to recommendation made by the high power committee on 31.08.1999 for sanction of 64 posts of non-teaching st