Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15080 of 2012 ====================================================== Jang Bahadur Singh, son of Late Mahabir Singh, at present posted as Routine Clerk in the Dean, Students Welfare Department, Veer Kunwar Singh University, Arrah .... .... Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna 2. Principal Secretary, Department of Human Resources, Government of Bihar, Patna 3. The Principal Secretary, Department of Finance, Government of Bihar, Patna 4. Director, Department of Higher Education, Human Resources Department, Government of Bihar, Patna 5. Veer Kunwar Singh University Ara through its Registrar 6. Vice Chancellor, Veer Kunwar Singh University, Ara 7. Vice Chancellor, Magadh University, Bodh Gaya 8. Registrar, Veer Kunwar Singh University, Ara 9. Registrar, Magadh University, Bodh Gaya
Legal Reasoning
.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Respondent/s : Mr. Subhash Pd. Singh Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 5 15-03-2013 Heard learned counsel for the petitioner, State as well as University. The petitioner prays for setting aside the order dated 18.01.2012 passed by Vice Chancellor, Veer Kunwar Singh University wherein it was held that the petitioner, who was working on the post of Routine Clerk cannot be promoted to the post of Assistant Registrar because two posts namely Assistant and Sectional Officer exist in between the ladder. The learned 2 Patna High Court CWJC No.15080 of 2012 (5) dt.15-03-2013 2 / 6 Vice Chancellor further observed that there is no sanctioned post like Personal Assistant to the Vice Chancellor in the University. The petitioner was appointed on 23.04.1979 on the post of Lower Divisional Clerk in the pay scale of Rs.260 – 408, which was one of the three sanctioned post in M.M. College, Bikram, Patna. The said College was affiliated with Magadh University. In the year 1981, the post of Lower Division clerk and Upper Division Clerk were merged in one cadre, the cadre of Assistant in the pay scale of Rs.785 – 1210. The State Government constituted Veer Kunwar Singh University, Ara in the year 1992. By order dated 06.11.1992 of Registrar, Magadh University, the services of the petitioner was attached with the Veer Kunwar Singh University. However, his salary was paid through M.M. College, Bikram, Patna. The Registrar, Magadh University again vide order dated 07.05.1993 transferred the services of the petitioner to Veer Kunwar Singh University, Ara on non-reversible basis. By order dated 06.04.1994, the petitioner was granted 1st time bound promotion on completion of 10 years service in the pay scale of Rs.1640 – 2900, the replaced scale being Rs. 9300 – 34800 with effect from 23.04.1989. The petitioner states that he being the senior most 3 Patna High Court CWJC No.15080 of 2012 (5) dt.15-03-2013 3 / 6 Assistant in the University was directed to hold the post of Secretary to the Vice Chancellor of Veer Kunwar Singh University, Ara and was also provided an allowance of Rs.100/- per month also. The petitioner submits that as per the staffing pattern, the post right from peon up to other posts were sent to the State Government for sanction and approval, as it happens in case of a new University. The staffing pattern for such post is contained in Annexure-11. The Registrar, Veer Kunwar Singh University vide Memo dated 17.08.1996 directed for payment of pay scale of Secretary to Vice Chancellor to him on adhoc basis, as he was discharging the work of Secretary to Vice Chancellor since 17.10.1992 (Annexure-12). The petitioner submits that both the post of Personal Assistant to Vice Chancellor as well as the Secretary to the Vice Chancellor existed in different Universities, however, sanction of the said post are pending approval of the Government. Thereafter, on the basis of recommendation of 5th Pay Revision Commission, pay scale of the petitioner was fixed in the pay scale of Rs.2000 – 3800 with effect from 27.10.1992 with the next follow up increment with effect from 23.04.1993. The order was passed on 24.12.1997 (Annexure-13). The petitioner submits that in the meantime 4 Patna High Court CWJC No.15080 of 2012 (5) dt.15-03-2013 4 / 6 some persons on account of animosity made complaint to the Vice Chancellor leading to an enquiry. In view of the enquiry report, the petitioner on 09.03.1999 was transferred to the Department of Students Welfare. The Registrar primarily in view of the charges against him observed vide order dated 08.04.1999 that there is no such post like private Secretary to the Vice Chancellor and as such any prior orders would stand nullified. The earlier order dated 09.03.1999 transferring the petitioner as Routine Clerk was reiterated. The Registrar again vide order dated 15.06.1999 transferred the services of the petitioner to M.M. College, Bikram, Patna (Magadh University). The petitioner challenged the order dated 15.06.1999 transferring him to Magadh University as well as reversion from his previous post of Secretary to Vice Chancellor. The order of learned Chancellor was communicated vide Memo no. 2033 dated 23.09.2002 issued by the Deputy Secretary, Governor Secretariat, Bihar. The concluding portion of the order of the learned Chancellor is quoted herein below: “13. In this view of the matter, the office order dated 7.5.93 passed by the Vice Chancellor, Magadh University transferring the appellant from the Magadh University to the V.K.S. University could not be held invalid or illegal and as such the same calls for no interference. 5 Patna High Court CWJC No.15080 of 2012 (5) dt.15-03-2013 5 / 6 14. In the result, the directions contained in letter no.2504 GS(I) dated 9.6.99 of the Governor’s Secretariat in so far as they relate to cancelling the office-order dated 7.5.93 of the Magadh University and reverting the appellant to his previous post of Routine Clerk in M.M. College, Bikram (Patna) under Magadh University, Bodh Gaya are hereby recalled and the office-order dated 15.6.99 of the V.K.S. University by which the office order dated 7.5.93 of the Magadh University has been cancelled and the appellant reverted to his previous post of Routine Clerk in M.M. College, Bikram (Patna) under Magadh University relieving him with immediate effect from the post of Routine Clerk, Students Welfare Section, V.K.S. University is hereby set aside in the interest of Justice. The appellant is directed to join the post of Routine Clerk, Students Welfare Section, V.K.S. University, Ara within a week of receipt of a copy of this order. This appeal is thus allowed.” As the learned Chancellor has set aside the transfer of petitioner to Magadh University affirming the stand of petitioner, it would be open for him to represent to the Vice-Chancellor of Veer Kunwar Singh University for other reliefs, which would be 6 Patna High Court CWJC No.15080 of 2012 (5) dt.15-03-2013 6 / 6 considered on its own merit within two months from the date of receipt of a copy of this order. With the aforesaid observation, this application is