The six petitioners, who are all Readers in different Colleges under Magadh University, have been hit by a unilateral decision taken by the Pay Verification Cell constituted by the Education Department, Government of Bihar in terms of Annexure- 8 series. The impugned decision has the effect of shifting the date of their absorption in service after many many years. This will not only affect their pay fixation etc. but will also have the effect of taking away the benefit of promotion granted on the basis of the earlier date of absorption in service. The decision contained in Annexure- 8 series according to the petitioners are unilateral without any opportunity of hearing or notice as well as being beyond powers of the Pay Verification Cell and in total derogation of the provisions of the Bihar Universities Act.

2. Interlocutory Application has been filed subsequently, which was numbered as 8646 of 2014. This IA also challenges the constitution and validity of the Pay Verification Cell constituted by the State Government on many a grounds including the fact whether the same are in the teeth of Section 4 (1)(14) of the Bihar Universities Act. The above IA is allowed.

3. The common plea taken in the writ application is that between the year 1980 and 1984 petitioners were appointed as Lecturers in different subjects in three different affiliated Colleges under the Magadh University. The details of their appointment and engagement have been provided in paragraph 4 of the writ application. In support thereof the appointment letters have also been annexed as Annexures 1 and 2 series.

4. The Colleges in which these petitioners worked came to be taken over by the State and under the 4th Phase and became constituent Colleges under Magadh University. There were large scale controversies in matter of such take over and the status of the teachers and employees of the 4th Phase taken over colleges. The dispute travelled right uptill the Hon’ble Apex Court. The Hon’ble Apex Courts set up a Commission under Hon’ble Mr Justice S.C.Agrawal (Retd.). After detailed deliberations and hearing, Hon’ble Justice Agrawal submitted his report before the Hon’ble Apex Court on 19.12.2003 and the said report was accepted by the Apex Court vide order dated 12.10.2004. The order of the Hon’ble Apex Court is reported in (2005) 9 SCC 129, which is equivalent to 2005 (1) PLJR 464 (SC).

5. Based on acceptance of Justice Agrawal’s report, the Magadh University issued a notification where the services of altogether 748 employees, relating to 8 Colleges of 4th Phase constituent Colleges, falling under the said University was notified. Details relating to the said notification and the date of absorption are available as Annexure- 3 but the same has been extracted insofar as it relates to these petitioners in paragraph 8 for convenience.

6. It is the stand of the petitioners that the notification issued by the University in terms of Annexure- 3 is in conformity with the recommendation of Justice Agrawal and in support thereof extracts of the recommendation of Justice Agrawal Commission has been annexed as Annexure- 4 series to the writ application. Learned Senior Counsel representing the petitioners submits that a conjoint reading of Annexure- 1, 3 and 4 series makes it absolutely clear that the respondent University has fixed the date of absorption of service of these petitioners strictly in accordance with the eligibility fixed by Hon’ble Justice S.C.Agrawal. Since the report of Justice Agrawal was accepted by the Apex Court in toto, it has the seal of approval by the Apex Court and has become final. If the University authorities in exercise of power under Section 4 (1) (14) of the Bihar State Universities Act, 1976 has formalized the said recommendation by issuing a notification, which has taken effect as far back 8th of May, 2005, the same cannot be undone by a non- statutory authority or officials, overriding the above factual and legal position in ga