Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14998 of 2012 ====================================================== Gauri Shankar Thakur S/O Late Sahdeo Thakur R/O Village- Patnuka, P.S.- Nanpur, Distrit- Sitamarhi, At Present Mohalla- Rajbag, Post- Janakpur Road, P.S.- Pupri, District- Sitamarhi .... .... Petitioner Versus 1. The State Of Bihar Through Its Principal Secretary Human Resources Department (Higher Education), Govt. Of Bihar, Patna 2. The Lalit Narayan Mithila University Through Its Vice-Chancellor L.N. Mithila University, Kameshwar Nagar, Dharbhanga 3. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Dharbhanga 4. The Finance Officer Lalit Narayan Mithila University, Kameshwar Nagar, Dharbhanga 5. The Principal, M.K.S. College, Chandauna
Legal Reasoning
.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar For the Respondent/s : Mr. Amar Nath Deo SC26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 27-02-2013 The petitioner superannuated from the post of Reader in the Department of Psychology, MKS College, Chandauna, Darbhanga on 30.6.2008. The petitioner seeks mandamus commanding respondent authorities to pay arrears of difference of UGC revised pay scale of Rs.12,000-420-18, 300/- along with all consequential benefits with effect from January, 1996 amounting to Rs.15,61,453/-. The case of the petitioners is symbolic of many such teaching and non teaching staffs of the Universities of Bihar who Patna High Court CWJC No.14998 of 2012 (3) dt.27-02-2013 2/6 are compelled to this Court for payment of huge arrears of salary which at times is as high as Rs. 15 to 20 lacs. The reasons for piling up of arrears are more than one. Some of which are as follows:- (i) Non-release of funds (ii) The dispute in respect of fixation of pay scale (iii) At times incomplete requisitions are made by University for release of fund and delay on part of Government officials examining the requisitions and release of entire fund (iv) Lack of will on part of top officials of University and State to sit together and sort out the dispute. Besides this, the never ending shifting of blame by the authorities of the State Government on the officials of the University as well as Central Government vis-à-vis implementation of U.G.C. scale and vice versa. In my view the blame cannot be put entirely on one authority or the other for the situation in which we find ourselves placed where writ applications for entitlement of salary are growing in numbers day by day. All these aspects were considered in detail in C.W.J.C.No. 8552 of 2006 heard analogous with other writ petitions (Manjuwala Singh Vs State of Bihar). The learned judge in the aforesaid case noticed that neither the officials of the State Government are in a position to ascertain actual entitlement nor the petitioners thereof, nor the teaching Patna High Court CWJC No.14998 of 2012 (3) dt.27-02-2013 3/6 and non-teaching staffs of different Universities whose arrears of salary as whole or in part has remained unpaid for almost 30 years. The situation has not got any better because on one hand the University was making the requisition of fund on hypothetical basis while the officials of the State Government were calculating and releasing the amount on Ad-hoc basis. This Court further observed that the government being conscious of the enormous task, has constituted three men committee headed by Mr. V.S. Dubey, IAS, former Chief Secretary for determining the claim of payment of arrears vide notification dated 24.4.2012 which was subsequently amended to incorporate the terms of reference as well as its continuity and duration. The Principal Secretary on 16.1.2013 in the said case submitted that a Pay Verification Cell is in advance stage of formation. As per affidavit of government, if an University employee is aggrieved by verification of pay entitlement by Pay Verification Cell, he can approach the Committee which would be competent to decide such claim. The Verification Cell has already come into effect on 28.2.2013. It will appear from paragraph 17 of the said judgment that the time frame has also been provided for disposal of the grievance of entitlement of salary. The Pay Verification Cell would complete the verification within four weeks from the date of filing of the Patna High Court CWJC No.14998 of 2012 (3) dt.27-02-2013 4/6 claim by both teaching and non-teaching staff. The order or decision of the Verification Cell shall be amenable before the three men Committee constituted by the State Government headed by Mr. V.S. Dubey. Any side aggrieved by the decision of the three men committee would be at liberty to move this Court for redressal of their grievance. The three men committee while allowing or rejecting the claim shall pass a reasoned order within the time frame and communicate it to the University as also to the concerned teaching and non-teaching staff. It would be relevant to quote paragraphs 28, 29 and 30 of the said order: “28. It will be also open for the State Government to take up the cases of all the constituent colleges and other wings of the Universities with a view to ascertain its total liability towards the sanctioned post of teaching and non-teaching employees for each of them so that in future also this question of entitlement for teaching and non-teaching employees of different Universities becomes final which in turn may enable the State Government to release actual amount required for payment of salary and emoluments to the legally appointed/promoted teaching and non-teaching employees of different Universities. Since the Principal Secretary of the Human Resources Development Department has himself assured this Court the State the Verification Cell of Government is to continue in its functioning for determining the actual entitlement, it is hoped and believed that the State Government will also ascertain its total financial commitment towards each and every teaching and non-teaching employees of different Universities of the State of Bihar. Once the State Government completes it will also circulate its decision to the respective Universities for each and every constituent College/other wings its exercise that Patna High Court CWJC No.14998 of 2012 (3) dt.27-02-2013 5/6 the Universities and thereafter strictly follow covering the total number of teaching and non- the teaching post of all those Universities will decisions of the State Government in the matter of requisitioning fund in future in order to avoid a similar situation which has virtually crippled the functioning of the University on account of financial crunch relating to payment of salary and emoluments of its teaching and non-teaching employees.” “29. Additionally, this Court would also direct the Universities to strictly abide by the provision of Sections 48, 49, 51 and 53 of the Bihar State Universities Act. The State Government on its part shall similarly fulfill its obligation as contemplated under sections 47, 49 and 54 of the Patna University Act and its corresponding provision made in Sections 46, 48 and 54 of the Bihar State Universities Act.” “30. It has to be kept in mind by the authorities of both the State Government and different Universities that the amount of salary and emoluments of teaching and non-teaching staff payable to the teaching and non-teaching employees of different Universities has to be made strictly in accordance with the provision of the Act and the Statutes and therefore, the State Government cannot deprive the Universities of the legitimate amount required for payment of salary and emoluments to the teaching and non-teaching staff working within the sanctioned strength nor the authorities of the Universities can indulge into making payment of any amount towards the salary and emoluments which is not permissible under the University Laws and the Statutes framed thereunder as per the Government notification fixing such pay and emoluments. The maintenance of financial discipline, therefore, has to be strictly followed by both the authorities of the State Government and the Universities so that a similar situation as is now being faced by the teaching and non-teaching staff of different Universities of the State of Bihar does not re- emerge and/or recur in future”. Patna High Court CWJC No.14998 of 2012 (3) dt.27-02-2013 6/6 Thus we find that the Government has already constituted a Pay Verification Cell which is now functional. Both the teaching & non-teaching staffs of University can approach it for sorting out the dispute relating to non-payment of arrears of salary. As such,
Decision
this writ application too is disposed of with liberty to the petitioner to approach the Cell for redressal of his grievance. Any side aggrieved by the decision of the Pay Verification Cell, can approach the three men committee headed by Mr. V.S. Dubey, IAS (Retd) which would dispose of the matter within two months, whereafter the Government and University would be obliged to implement the same within further three months. Shashi. (Samarendra Pratap Singh, J)