Chitranjan Murari Prasad Verma v. The State Of Bihar

.... .... Respondent/s ====================================================== Appearance : (In CWJC No.12930 of 2010) For the Petitioner : Mr. Manoj Kumar For the Academy : Mr. Shantanu Kumar For the State : Mr. Chandra Shekhar Singh, A.C. to G.P. 16 (In CWJC No.15733 of 2009) For the Petitioner : Mr. Sanjeet Kumar For the State : A.A.G.-2 For the Academy : Mr. Shantanu Kumar (In CWJC No.15734 of 2009) For the Petitioner : Mr. Rajni Kant Mishra For the Respondent nos. 1 and 2 : Mr. Shambhu Nath,A.C. to A.A.G.-3 For respondent nos. 3 and 4 : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 5 06-03-2013 In C.W.J.C.no. 15733 of 2009 an interlocutory application, being I.A. No. 5715 of 2010, has been filed for substitution of legal heirs of the sole petitioner, who died during the pendency of the writ petition. Having heard the parties, I.A. No.

5715 of 2010 is allowed and heirs and legal representatives, as mentioned in para 4 of the interlocutory application, be deemed to be substituted in place of sole petitioner. However, for the purpose of disposal of this writ petition reference will be made to the petitioner as the original petitioner as and where referred. These three writ petitions are concerned with payment of Patna High Court CWJC No.12930 of 2010 (5) dt.06-03-2013 3 sum in service due and substantially the retiral dues to the employees of Bihar Hindi Granth Academy. Counter affidavits have been filed by the State and the Bihar Hindi Granth Academy and rejoinder thereto. With the consent of the parties, these writ petitions are being disposed of at this stage itself. From the counter affidavits filed by the State and the Academy, it is clear and it is beyond doubt that the Academy was sponsored by the Central Government and then became a part of the State Government.

Its Chairman is the Director, Higher Education, Govt. of Bihar, Patna. The Managing Committee is nominated by Govt. of Bihar. It is funded by the Government of Bihar and thus it is too late in the day for the government to say that apart from granting aid which grant for maintaining the Academy they have no liability. The Academy being its child, the responsibility thereof has been borne by the State Government. The State cannot starve the Academy of fund so as to deny the employees their due salary or their retiral dues. State is obliged to make necessary provisions for its payment. The next issue then arises is that what is the status of the employees of the Academy. From the counter affidavit of the Academy it appears that Patna High Court CWJC No.12930 of 2010 (5) dt.06-03-2013 4 initially when Academy was formed there were employees deputed to it from the department of Education, Govt. of Bihar.

The Academy was registered as a society and autonomous body by the State. It has sanctioned posts and conditions of service. The Academy fixed types of employees differently. Employees from deputation are treated as government employees where employees recruited by the Academy are treated as employees of the Academy. Upon Academy being registered, the Academy resolved, by its resolution of the year 1972, that its employees would be governed by government service conditions and would be treated at par with the government servant. The resolution brings about exception. It states that these employees would not be entitled to pension. It says that they will be entitled to contributory provident fund. Accordingly, instead of deduction of 6 ½%, the deductions would be made at 10% of the basic salary for deposit in the contributory provident fund, which would be an interest account and would be paid to the employees upon his superannuation in lieu of pension.

Thus, an employee retiring would be entitled to gratuity, leave encashment and CPF. The counter affidavit, filed by the Academy, has been sworn by its Chairman, who is none else but the Director, Higher Education, Govt. of Bihar, Patna, who is ex officio Chairman of Patna High Court CWJC No.12930 of 2010 (5) dt.06-03-2013 5 the Academy. The counter affidavit on behalf of the State has been sworn by the Principal Secretary, Department of Education, Govt. of Bihar. The aforesaid facts are not denied, neither it is denied that the petitioners are not entitled to gratuity or leave encashment. The State admits that it has received requisition from the Academy for payment of dues of these petitioners including dues pertaining to arrears of salary on basis of revision of 4th and 5th Pay Revision. Learned counsel submits in other communication even 6th pay Revision Commission effect has been admitted by the Academy and funds demanded.

There is no categorical refusal by the State to make the fund available. In that view of the matter, in my view, the status of the petitioners cannot be treated to that of government servant but at the same time it must be held that they enjoy all facilities akin to government servant with the exception of pension. Thus, they are entitled to pay revision if the Board of the Academy has decided to extend the same to their employees. They are entitled to gratuity and leave encashment as well. Once these entitlements are there then, as noted above, it is the liability of the State to ensure its payment. It cannot escape on the plea that the Academy is registered as a society and therefore State may not be liable. In my view, it is nothing but corporatization of governmental function. Patna High Court CWJC No.12930 of 2010 (5) dt.06-03-2013 6 Thus, I find no option but to issue directions to the State through the Principal Secretary, Education Department, Govt. of Bihar, to ensure that the entire dues of the petitioners including service due and consequence of pay revision, as accepted by the Board of Academy and retiral dues that is gratuity and leave encashment be paid to the petitioners within one month from the date of production of a copy of this order before him.