Letters Patent Appeal No. 1291 of 2013 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1291 of 2013 In Miscellaneous Jurisdiction Case No. 3037 of 2012 ====================================================== 1. The Vice Chancellor Lalit Narayan Mithila University, Darbhanga 2. The Registrar, Lalit Narayan Mithila University, Darbhanga .... .... Appellants Versus 1. The State Of Bihar Through The Secretarty Higher Education Govt. Of Bihar, Patna 2. The Principal, L.N.J. College, Jhanjharpur 3. The Principal M.L.S. College, Sarisabpahi 4. The Principal C.M. Law College, Darbhanga 5. Arun Kumar Mishra, Working As Head Assistant L.N.J. College, Jhanjharpur Son Of Late Laxaman Mishra Under Lalit Narayan Mithila University, Darbhanga 6. Rajiv Kumar Jha, Working As Account Assistant, M.L.S. College, Sarisabpahi Son Of Late Sushil Jha, Under Lalit Narayan Mithila University, Darbhanga 7. Prafulla Kumar Jha, Working As Accountant M.L.S. College, Sarisabpahi Son Of Late Madhav Narain Jha Under, Lalit Narayan Mithila University, Darbhanga 8. Urmila Mishra Wife Of Late Sri Mohan Mishra Working As Assistant In L.N.J. College, Jhanjharpur Under Lalit Narayan Mithila University, Darbhanga 9. Amar Nath Jha Son Of Durga Nand Jha Working As Routine Clerk, R.N. College, Pandaul Under Lalit Narayan Mithila University, Darbhanga 10. Gangesh Gunjan Working As Accountant Son Of Late Prof. Ramanand Jha, C.M. Law College, Darbhanga Under Lalit Narayan Mithila University, Darbhanga 11. Bhola Singh Working As Assistant Son Of Ramjee Singh, C.M. Law College, Under Lalit Narayan Mithila University, Darbhanga .... .... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Nivedita Nirvikar, Advocate. Mr. M.D. Singh, Advocate. For the Respondents : Mr. Ratan Kumar Kunwar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 06-12-2013
Legal Reasoning
comply the orders of this Court in C.W.J.C. No. 10870 of 2008. We have considered the submissions on behalf of the parties. In C.W.J.C. No. 18637 of 2011 by final order dated 19.08.2013 the matter was also referred to the Three Man Committee constituted by order dated 30.01.2013. The objection Patna High Court LPA No.1291 of 2013 (2) dt.06-12-2013 4 of the private respondents that their claims were covered by the order in Civil Appeal No. 516 of 2013 was also noticed and the learned Single Judge notwithstanding the same was satisfied to refer it to the Three Man Committee. It is not the case of the private respondents that they have challenged the final order dated 19.08.2013 in Appeal that it was not a matter to be referred to the Three Man Committee. Once final orders were passed on 19.08.2013 and determination of the appropriate pay scale left to the Three Man Committee, the interim order dated 21.10.2011 merged with the same. It no more survived as an independent order for enforcement in the contempt jurisdiction. We find it difficult to uphold that the private respondents once having accepted the final order dated 19.08.2013 could maintain proceedings in the contempt jurisdiction under an interim order which no more survived. In (2009) 11 SCC 479 (Prem Chandra Agarwal v. Uttar Pradesh Financial Corporation) it was held as follows:- ``3. It is a well-settled principle that once a final order is passed, all the earlier interim orders merge into the final order, and the interim orders cease to exist. In this appeal, since the final order has been passed by the High Court, obviously all the interim orders passed by the High Court in the same writ Patna High Court LPA No.1291 of 2013 (2) dt.06-12-2013 5 petition cease to exist automatically. Consequently, any direction given in the interim order dated 24-04-2008 also ceases to exist. In view of the final order passed by the High Court, the impugned interim order and any direction therein have ceased to exist. The appeal has become infructuous and is, accordingly, dismissed.” We therefore hold that no contempt proceedings shall lie on basis of an interim order merged with the final order disposing the application as the former no more survives. We clarify that the present order cannot deprive the private respondents from pursuing from remedies appropriately before the Three Man Committee as observed in the final order dated 19.08.2013. The order dated 18.09.2013 is held unsustainable.
Arguments
We have heard counsel for the Appellants and the private respondent nos. 5 to 11. The present Appeal arises from order dated 18.09.2013 in MJC No. 3037 of 2012. The learned Single Judge Patna High Court LPA No.1291 of 2013 (2) dt.06-12-2013 2 opined that the interim order dated 21.10.2011 in C.W.J.C. No. 18637 of 2011 had not been complied with and therefore the Appellants were in contempt granting them opportunity to purge the same. Learned counsel for the Appellants submitted that on 21.10.2011 the learned Single Judge relying on certain orders passed in C.W.J.C. No. 10641 of 2009 and C.W.J.C. No. 20082 of 2010 granted interim relief against reduction of pay scale from Rs. 4000-6000/- to Rs. 3050-4590/-. The issue primarily concerned determination of the correct pay scale and arrears of salary. In C.W.J.C. No. 8852 of 2006 and analogous cases disposed on 30.01.2013 noticing the nature of the controversy including the fact that interim orders had been passed from time to time, the learned Single Judge after considering all aspects of the matter referred the issue for determination of the pay scale to a Three Man Committee including creation of a verification cell. Following the same C.W.J.C. No. 18637 of 2011 was finally disposed on 19.08.2013. The learned Single Judge after noticing the controversy opined that the matter essentially related to determination of the correct pay scale. Referring to the Constitution of the Three Man Committee pursuant to the order referred to above, that expressing any final opinion on the merits Patna High Court LPA No.1291 of 2013 (2) dt.06-12-2013 3 of the matter with regard to the admissible pay scale the petitioners were left to pursue their grievances before the Committee also. The interim order dated 21.10.2011 merged with the final order dated 19.08.2013. C.W.J.C. No. 10641 of 2009 also gave rise to a contempt application which was disposed by the common order dated 30.01.2013 referred above. C.W.J.C. No. 20082 of 2010 came to be dismissed for non prosecution. Counsel for the private respondents submitted that before the learned Single Judge the University committed itself to compliance but was subsequently changing its stand. The Court therefore held that considering their earlier commitment for compliance the conduct was contemptuous. It was next submitted that the matter with regard to the correct pay scale of the private respondents stands considered by the Supreme Court in Civil Appeal No. 516 of 2013 in which directions have been given to
Decision
The Appeal is allowed. (Navin Sinha, J) Md. Ibrarul/- (Shailesh Kumar Sinha, J)