Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13570 of 2012 ====================================================== Dr. Gokulesh Jha Son Of Late Ramrekha Jha Resident Of Village - Kanhauli Ajrakwe, Krishnapuri Colony, Police Station - Mithanpura, District - Muzaffarpur .... .... Petitioner. Versus 1. The State Of Bihar through Principal Secretary, Department Of Agriculture, Bihar, Patna 2. The Principal Secretary, Department Of Agriculture Bihar, Patna 3. The Principal Secretary, Human Resource Department, Government Of Bihar, Patna 4. The Joint Secretary, Human Resource Department, Government Of Bihar, Patna 5. The Rajendra Agricultural University, Bihar Through Its Registrar, Having Its Headquarters At And Post Office Pusa, Police Station Pusa, District Samastipur 6. The Vice-Chancellor, Rajendra Agriultural University, Bihar At And Post Office Pusa, Police Station - Pusa, District - Samastipur 7. The Director Of Administration, Rajendra Agricultural University, Bihar, At And Post Office Pusa, Police Station - Pusa, District - Samastipur .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.16614 of 2012 ====================================================== Dr. Binod Bihari Prasad Sinha Son Of Late Chhote Narayan Resident Of Sector- J/ 28, People'S Co-Operative Colony, Kankarbagh, Police Station Kankarbagh, District- Patna, Retired As Associate Dean-Cum-Principal, Agriculture College, Dumraon .... .... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary Agriculture Department, Govt. Of Bihar Having His Ofifce at Vikas Bhawan, Police Station- Sachivalaya, District- Patna 2. The Bihar Agriculture University, Bihar Through Its Registrar Having His Office At Sabour, Bhagalpur, P.S.- Sabour, District- Bhagalpur 3. The Vice Chancellor, Bihar Agriculture University Having His Office At Sabour, P.S.- Sabour, District- Bhagalpur 4. The Director Of Administration, Bihar Agricultural University, Bihar Having His Office At Sabour, P.S.- Sabour, District- Bhagalpur .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.16772 of 2012 ====================================================== Ram Sanehi Chaudhary Son Of Late Umakant Chaudhary Resident Of Bihar Agriculture University Campus, P.S. And P.O. - Sabaur, District - Bhagalpur .... .... Petitioner. 2 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 2 / 13 Versus 1. The State Of Bihar Through Principal Secretary, Department Of Agriculture, Bihar, Patna 2. The Principal Secretary, Department Of Agriculture , Bihar, Patna 3. The Principal Secretary, Human Resource Department, Government Of Bihar, Patna 4. The Joint Secretary, Human Resource Department, Government Of Bihar, Patna 5. The Bihar Agriculture University At Sabaur, Bhagalpur Through Its Registrar, Having Office At Sabour, Bhagalpur 6. The Vice Chancellor, Bihar Agriculture University At Sabaur, Bhagalpur, Having Office At Sabour, Bhagalpur 7. Associate Dean Cum Principal, Bihar Agriculture College, Sabaur .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.17072 of 2012 ====================================================== 1. Dr. Nawal Kishore Choudhary Son Of Late Raghunath Choudhary Resident Of Village - Shreerampur Ayodhya, P.O. & P.S. Waini, District - Samastipur, Bihar 2. Dr. Ram Prasad Yadav Son Of Late Kunj Bihari Yadav Resident Of Village - Adharpur, P.O. & P.S. Khangraitha (Baheri), District - Darbhanga At Present Residing At B2/9, Rau Campus, Pusa P.O. & P.S. Pusa, District - Samastipur
Legal Reasoning
passed by this Court in case of Dr. Sunity Pandey Vs. The State of Bihar & Ors. (CWJC No.11348 of 2010) heard analogous with other batch of cases. Some of the petitioners herein in these writ applications as well as respondent University, namely Rajendra Agriculture University were also parties. The operative part of the judgment is quoted herein below for easy reference: “Thus, inevitable result is that with effect from 30.06.2010, the age of superannuation of teaching employees of Universities in the State of Bihar stands extended to 65 years. As a consequence whereof any University teaching employee or teacher, who was in service then would be entitled to the benefit of extended age of superannuation and any one, who was forced to retire on or after that date prior to attaining the age of 65 years has to be taken back in service with full continuity and all consequences. The writ applications, with the aforesaid observations and directions, are allowed.” 9. Again, this Court vide order dated 26.10.2010 passed in case of Dr. Nawal Kishore Choudhary Vs. Rajendra Agricultural University & Ors. (CWJC No.13450 of 2010) 7 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 7 / 13 observed as follows: „Having considered the facts of the case, in my view, it would be sufficient protection of their interest if it is ordered that in event of the writ petition succeeding, it would be deemed that petitioner and his like would be deemed to be continuing in service without interruption and entitled to all benefits continuously.‟ 10. Finally CWJC No.13450 of 2010 was heard along with CWJC No.13455 of 2010 and were allowed vide order dated 15.09.2011. The concluding paragraph of the judgment is quoted herein below for easy reference: “23. State of Bihar as well as the University are directed to take immediate steps to ensure the enhancement of age of superannuation of the employees like the petitioners of the Agricultural University to 65 years. They shall be entitled to continue in service till they reach the new age of superannuation. If during the pendency of the writ application they have been made to retire, then they all have right to claim their position back on the post they were working till they reach the new age of superannuation. 24. Both the writ applications are allowed in terms of the above direction.” 8 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 8 / 13 11. The State preferred appeal being L.P.A. No.37 of 2012, which was subsequently withdrawn. 12. A committee headed by the Secretary, Agriculture Department in its meeting dated 11.04.2012 recommended for enhancement of retirement age w.e.f. 30.06.2010 in order to maintain uniformity. In the light of the recommendation of the committee, the State Government, Department of Agriculture, Bihar, Patna issued a resolution contained in Memo no.3660 dated 13.07.2012 empowering the age of teachers and scientists from 62 to 65 years. 13. The petitioners have assailed the conditions laid down in Clause (i), (ii) and (iii) of the Resolution dated 12.07.2012, as arbitrary, unreasonable and violative of the Court‟s order as well as Articles 14 and 16 of the Constitution. 14. On the other hand the stand of the State is that as the petitioners did not comply with the conditions laid down in resolution dated 13.07.2012, their joining was not accepted. In paragraph 12 of the counter affidavit filed on behalf of respondent nos. 5 to 7, it is stated that 23 teachers / scientists of Rajendra Agriculture University, Pusa have retired between 30.06.2010 to 18.07.2010 against which re-joining of 14 teachers / scientists were accepted, as they paid back the retiral benefits accepted by 9 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 9 / 13 them. The handful of teachers / scientists are insisting to accept the rejoining without fulfilling the conditions laid down in resolution dated 13.07.2012. Counsel for the University states that joining of some petitioners have been accepted subject to the result of the writ application. 15. The petitioners state that the Committee headed by the Secretary, Agricultural, Government in its report noticed the direction on age enhancement as well for restoring the position of the teachers as existed at the time when they were made to retire. They alleged that though respondents have accepted to enhance the age, but have imposed very drastic conditions so as to make the benefits flowing from the order of this Court illusionary. 16. I have heard the counsels for the parties. The issue for consideration is whether the conditions imposed for acceptance of joining is justifiable or not. It would be relevant to notice and examine the conditions one by one. 17. Clause 3 (i) of Resolution stated that employees who have received the post retiral benefits on completion of 62 years would return the same by cash or Bank draft to avail benefit of enhancement of age to 65 years. Clause 3(ii) states that the period between retirement and rejoining would be adjusted against the earned leave as they have not worked during the period. 10 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 10 / 13 Further, even if after adjustment against earned leave, some more days still remain to be adjusted, then the same would be treated as Leave without pay. Clause 3(iii) state that on rejoining the salary would be paid in basic scale and grade pay admissible at the time of retirement. 18. It is evident as per University Statutes, that retiral benefits accrue to an employee on retirement or on death, or if the employee for any other reasons cease to be in service. One would not be entitled to pension, gratuity or cash for earned leave during service period. 19. All the petitioners were made to retire on attaining the age of 62 years and most of them got their retiral dues. Though the University Grants Commission vide its Resolution dated 30.06.2010 enhanced the age of teachers of Universities, the State Government only vide its Resolution dated 12.07.2012 decided to enhance the age from 62 years to 65 years but with effect from 30.06.2010 in terms of Court‟s order. 20. Clause 3 (i) imposed a condition that joining would be accepted if the retirement benefits already received is returned in one go either in cash or in Bank draft along with interest. I do not find the term to be arbitrary or unreasonable and as such I uphold the validity of Clause 3(i) of the Resolution. The 11 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 11 / 13 petitioners would return the money received as retirement benefits with interest. 21. Clause 3 (ii) states as follows: The period between the retirement and rejoining would be adjusted against the earned leave as the employees have not worked during the intervening period. Furthermore, even if after adjustment against earned leave, some more days still are required to be adjusted then the same will be treated as Leave without pay. 22. The petitioners‟ case is that this Court vide order dated 20.08.2010 passed in CWJC No.11348 of 2010, in which Rajendra Agriculture University was also a party observed that those who were made to retire would be taken back in service with full continuity and all consequences w.e.f. 30.06.2010. They further state that again this Court vide order dated 20.06.2010 in case of one of the petitioner Dr. Nawal Kishore Chaudhary (CWJC No.13450 of 2010) observed that in the event the writ petition seeking enhancement of age succeeds, the petitioners and the likes would be deemed to be in service and would be entitled to all benefits. 23. Learned counsel submits that as the writ applications were finally allowed vide order dated 15.09.2011 passed in CWJC No.13450 of 2010 heard analogous with CWJC 12 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 12 / 13 No.13455 of 2010 they would be deemed to be continuing with all benefits. 24. On the other hand, the stand of the State and University is that as the petitioners admittedly did not work for the same period they would not be entitled to salary for the intervening period and the same would be adjusted against earned leave or in case sufficient earned leave is not available then against on duty without pay. It is not in dispute that the petitioners did not work after attaining the age of 62 years, all of them have retired between 30.06.2010 to 12.07.2012. 25. In view of directions of this Court noted above, the petitioners would deem to have continued notionally in service but as they admittedly did not work in the intervening period, they would not be entitled to salary. However, such period would not be adjusted against earned leave, as the petitioners in terms of the Court‟s order continued notionally in their posts. 26. Thus part of Clause (ii), which states that the period between retirement and rejoining would be adjusted against earned leave, is struck down. Nonetheless, I hold that the petitioners would not be entitled to any salary for the period they had not worked. 27. Clause (iii) state that on rejoining, the employees 13 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 13 / 13 would get salary in basic grade admissible at the time of retirement. It is well settled that on restoration of service one would be entitled to the same emoluments which he / she was receiving just prior to forced retirement. The petitioners as such would be entitled to the emoluments which they were receiving on just prior to alleged retirement. These applications are only thus partially allowed. Uday/- (Samarendra Pratap Singh, J)
Arguments
3. Mahendra Prasad Singh Son Of Sri Sant Bilas Singh Resident Of Village - Sarkar Tola, Bihar Agriculture College Campus Sabour, P.O. & P.S. Sabpur, District - Bhagalpur, Bihar 4. Dr. Ram Raksha Singh Son Of Late Mahendra Singh Resident Of Village & P.O. Maughour, Warsaliganj, District - Nawada .... .... Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Department Of Agriculture, Government Of Bihar, Patna 2. The Principal Secretary, Department Of Agriculture, Government Of Bihar, Patna 3. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 4. Joint Secretary, Human Resources Development Department, Government Of Bihar, Patna 5. Rajendra Agricultural University, Bihar Pusa (Samastipur) Through The Registrar 6. Vice Chancellor, Rajendra Agricultural University, Bihar Pusa District Samastipur 7. Director Administration, Rajendra Agricultural University, Bihar Pusa District - Samastipur 8. Bihar Agricultural University, Sabour, Bhagalpur Through Its Registrar 9. Vice Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 10. Director Administration, Bihar Agricultural University, Sabour, Bhagalpur .... .... Respondents ====================================================== 3 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 3 / 13 with Civil Writ Jurisdiction Case No.17347 of 2012 ====================================================== Indradeo Narayan Sharma Son Of Late Ashkaran Ray Resident Of Professor Colony, Durga Sthan, Katihar, Police Station- Katihar And Post Office- Tingachhiya, District- Katihar .... .... Petitioner. Versus 1. The State Of Bihar Through Principal Secretary, Department Of Agricultural, Bihar, Patna 2. The Principal Secretary, Department Of Agriculture Bihar, Patna 3. The Principal Secretary, Human Resources Department, Government Of Bihar, Patna 4. The Joint Secretary, Human Resource Department, Government Of Bihar, Patna 5. The Bihar Agricultural University At Sabaur, Bhagalpur Through Its Registrar, Having Office At Sabaur, Bhagalpur 6. The Vice Chancellor, Bihar Agricultural University At Sabaur, Bhagalpur Having Office At Sabaur, Bhagalpur 7. Associate Dean Cum Principal, Bihar Agriculture College, Sabaur .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.16022 of 2012 ====================================================== Arjun Kumar S/O Late Jag Narayan Lal R/O Village & Post Office- Persauni, Police Station- Bisfi, District- Madhubani .... .... Petitioner. Versus 1. The Bihar Agriculture University, Bihar Through Its Registrar Having Its Headquarters At Sabour, Police Station- Sabour, District- Bhagalpur 2. The Vice-Chancellor, Bihar Agricultural University, Bihar Through Its Registrar Having Its Headquarters At Sabour, Police Station- Sabour, District- Bhagalpur 3. The Registrar Bihar Agricultural University, Bihar Through Its Registrar, Having Its Headquarters At Sabour, Police Station- Sabour, District- Bhagalpur 4. The Director Of Administration Bihar Agricultural University, Bihar, Through Its Registrar, Having Its Headquarters At Sabour, Police Station- Sabour, District- Bhagalpur 5. The Sanjay Gandhi Institute Of Diary Technology Through Its Director Having Office At The Institute Situated At Jagdeo Path, B.V.C., Patna- 14 6. The Dean, Diary Technology Faculty Sanjay Gandhi Institute Of Diary Technology Having Office At The Institute Situated At Jagdeo Path, Patna-14 7. The State Of Bihar Through The Principal Secretary Department Of Agriculture, Government Of Bihar, Patna 8. The Principal Secretary Department Of Agriculture, Government Of Bihar, Patna .... .... Respondents ====================================================== 4 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 4 / 13 Appearance : (In CWJC No.13570 of 2012) For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. Anjani Kumar Aag10 (In CWJC No.16614 of 2012) For the Petitioner/s : Mr. Vikas Mohan For the Respondent/s : Mr. Subhash Pd. Singh Ga7 (In CWJC No.16772 of 2012) For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. Prashant Pratap Gp6 (In CWJC No.17072 of 2012) For the Petitioner/s : Mr. Raju Giri For the Respondent/s : Mr. Shashi Bhushan Kr. Sc7 (In CWJC No.17347 of 2012) For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. Dhurjati Kr Prasad Gp7 (In CWJC No.16022 of 2012) For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. Nivedita Nirvikar Gp3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11 23-07-2013 The petitioner Gokulesh Jha (C.W.J.C. No. 13570 of 2011) was serving as Associate Professor-cum-Senior Scientist in the Department of Agronomy, Tirhut College of Agriculture, Dholi, Muzaffarpur. He was made to retire on 30.11.2010 on completion of 62 years of age. 2. The petitioner Dr. Vinod Bihari Prasad Sinha (C.W.J.C. No.16614 of 2012) was serving as Associate Dean – cum- Principal at College of Agriculture, Dumraon. He retired on 30.11.2010 on attaining the age of 62 years. 3. The petitioner Ram Sanehi Chaudhari (CWJC No.16772 of 2012) was serving as Associate Professor-cum- Senior Scientist in the Department of Entomology, BAC, Sabour. 5 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 5 / 13 He was made to retire on 30.06.2010 on completion of 62 years of age. 4. The petitioner Indradeo Narayan Sharma (C.W.J.C. No. 17347 of 2012) was serving as Senior Scientist in the Department of Entomology, at Jute Research Institute, Katihar under Bihar Agriculture University, Sabour. He was retired on 31.07.2010 on completion of 62 years of age. 5. The petitioners of C.W.J.C. No. 17072 of 2012, namely, Dr. Nawal Kishore Chaudhary and others were serving as University Professor and Junior Scientist-cum-Assistant Professor in Rajendra Agriculture University respectively and were made to retire on 31.08.2010, 31.07.2010, 31.07.2010 and 30.06.2010 on attaining the age of 62 years. 6. The petitioner Arjun Kumar in CWJC no.16022 of 2012 was serving as Assistant Professor at Sanjay Gandhi Institute of Dairy Technology. He too was retired on 31.10.2011 on completion of 62 years of age. 7. In fact all the petitioners were made to retire on attaining the age of 62 years. 8. The petitioners state that the retirement age teachers / scientists of both conventional Colleges as well as all the Universities of the Bihar were enhanced from 62 years to 65 6 Patna High Court CWJC No.13570 of 2012 (11) dt. 23-07-2013 6 / 13 years w.e.f. 30.06.2010 by order and judgment dated 20.08.2010