Patna High Court - Orders
Jaiprakash Singh vs The State Of Bihar & Ors on 7 May, 2013
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18336 of 2010
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1. Shyam Nandan Shahay S/O Late Harnath Shahay H.O.D. Psychology,
J.P. College Narayanpur, P.S.- Bhawanipur (Narayanpur), Distt.- Bhagalpur
2. Pramod Kumar Sinha S/O Late Trilokinath P.G., Sociology, P.S.-
Bhagalpur University, Distt.- Bhagalpur
3. Rajib Kumar Singh S/O Shri Sushil Kumar Singh Lecturer In Commerce,
S.M. College Bhagalpur, P.S.- Adampur, Distt.- Bhagalpur
4. Mukesh Kumar Singh S/O Shri Kuldeep Narayan Singh Lecturer In
Commerce, S.M. College Bhagalpur, P.S.- Adampur, Distt.- Bhagalpur...
.... .... Petitioners
Versus
1. The State Of Bihar Through Principal Secretary Higher Education,
Bihar, Patna
2. The Vice-Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur
3. Tilkamanjhi Bhagalpur University, Bhagalpur Through Its Registrar,
Distt.- Bhagalpur
4. The Auditor, Tilkamanjhi Bhagalpur University, Bhagalpur
5. The Auditor, For State Of Bihar Posted At Tilkamanjhi Bhagalpur
University, Bhagalpur
6. The Principal, S.M. College, Bhagalpur, P.S.- Adampur, Distt.-
Bhagalpur
7. The Principal, J.P. College, Narayanpur, P.S.- Bhawanipur (Narayanpur),
Distt.- Bhagalpur
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.15276 of 2010
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Dr.Binodanand Jha S/O Late Mayanand Jha R/O Vill Ujan(West),
P.S.Sakatpur, Distt-Darbhanga, At Present Reader , Department Of
Sociology, M.L.S.College, Sarisab-Pahi, Madhubani
.... .... Petitioner
Versus
1. Lalit Narayan Mithila University, Darbhanga Through Its Registrar
2. The Vice Chancellor, Lalit Narayan Mithila University Darbhanga
3. The Registrar, Lalit Narayan Mithila University Darbhanga
4. The Principal , M.L.S.College Sarisab-Pahi, Madhubani
5. The State Of Bihar, Through Its Secretary H.R.D. Old Secretariat, Patna
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.4986 of 2010
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Dr. Udai Prakash Sinha S/O Late Ram Sharan Prasad R/O Mohalla- 77,
Patel Nagar, Professor Colony, P.O.- T.N.B. College, Bhagalpur, Distt.-
Bhagalpur
.... .... Petitioner
Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 2
Versus
1. The State Of Bihar
2. Principal Secretary, Government Of Bihar Human Resource
Development Department, New Secretariat, Beily Road, Patna
3. Tilkamanjhi Bhagalpur University Through Its Vice-Chancellor
Bhagalpur-812007
4. Vice Chancellor Tilkamanjhi Bhagalpur University, Bhagalpur-812007
5. Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur-812007
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.9807 of 2010
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Prof. Dr. Sitaram Sharma S/O Late Jagan Nath Sharma R/O G.C. Banarjee
Road, Mundichak, P.S.- Tilkamanjhi (Kotwali), Town & Distt.- Bhagalpur
.... .... Petitioner
Versus
1. The T.M. Bhagalpur University, Bhagalpur Through Its Registrar
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur
3. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur
4. The Registrar, T.M. Bhagalpur University, Bhagalpur
5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur
6. The Principal, Bhagalpur National College, Bhagalpur
7. The Principal, Marwari College, Bhagalpur
8. The State Of Bihar Through The Principal Secretary Human Resources
Development Department, Government Of Bihar, New Secretariat, Patna
9. The Director, Higher Education Human Resources Development
Department, Government Of Bihar, New Secretariat, Patna
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.4991 of 2010
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Jaiprakash Singh S/O Late Murlidhar Singh At Present Post At Head Of
The Department Of Zoology, G.B. College, Naugachia, Distt.- Bhagalpur
.... .... Petitioners
Versus
1. The State Of Bihar Through The Secretary Higher Education, Govt. Of
Bihar, Patna
2. Tilka Manjhi Bhagalpur University, Bhagalpur, Through Its Registrar
Distt.- Bhagalpur
3. Vice Chancellor Of Tilka Manjhi Bhagalpur University Distt.-
Bhagalpur
4. The Registrar Of Tilka Manjhi, Bhagalpur University Bhagalpur, Distt.-
Bhagalpur
5. The Principal Of G.B. College Naugachia Within The Tilka Manjhi,
Bhagalpur University, Distt.- Bhagalpur
Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 3
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.14633 of 2010
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Dr. Raj Kishore Singh S/O Late Ram Raksha Singh R/O Mohalla- Mirganj,
P.S.- Begusarai, Distt.- Begusarai, A Superannuated Employee As Reader
From Co-Operative College, Begusarai, Distt.- Begusarai
.... .... Petitioner
Versus
1. The State Of Bihar
2. The Secretary, Higher Education Government Of Bihar, Patna
3. The Vice Chancellor, L.N. Mithila University, Darbhanga
4. The Registrar, Lalit Narayan Mithila University, Darbhanga
5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga
6. The Principal, Co-Operative College, Begusarai, Distt.- Begusarai
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.17925 of 2010
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1. Dr.Sarla Malviya W/O Dr. Mithilesh Chandra Dubey At Present
Working As University Professor And Head, P.G. Department Of
Sociology, L.N.Mithila University, Darbhanga
.... .... Petitioners
Versus
1. The State Of Bihar Through Principal Secretary(Higher Education
)Human Resources Development Department Bihar, Patna
2. The Principal Secretary(Higher Education), Human Resoruces
Development Department Government Of Bihar, New Secretariat, Patna
3. Lalit Narayan Mithila University Kameshwarnagar, Darbhanga Through
Its Registrar
4. The Vice Chancellor, Lalit Narayan Mithila University
Kameshwarnagar, Darbhanga
5. The Registrar, Lalit Narayan Mithila University Kameshwarnagar,
Darbhanga
6. The Finance Officer, Lalit Narayan Mithila University Kameshwarnagar,
Darbhanga
7. The Principal , M.R.M.College Lalbagh, Darbhanga
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.15393 of 2010
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(Dr.) Gangadhar Jha S/O Late Narsingh Jha R/O Mohalla- Professor
Colony, Dighi West Police Sttion, Darbhanga Town, Distt.- Darbhanga
.... .... Petitioner
Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 4
Versus
1. The State Of Bihar Through The Chief Secretary, Government Of Bihar,
Patna
2. Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna
3. Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga
Through Its Registrar
4. Vice Chancellor Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga
5. Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga
6. Finance Officer Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga
7. Principal, M.L.S.M. College, Darbhanga
.... .... Respondents
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Appearance :
:
For the Petitioners : M/s. Ajay Mukherjee, Prabhakar Kumar,
Purushottam Kumar Jha, Sharda Nand
Mishra, Durga Nand Jha, Chandan Jha,
Advocates
For the State : Mr. D.K. Sinha, AAG II
Mr. S.K. Mandal, SC 24
Mr. Rajeev Lochan, AC to GA 9
Mr. Rajeev Kumar, AC to SC 7
Mr. Rajeev Kumar Singh, AC to GA 8
Mr. Gopi Jha, AC to GP 25
Mr. Himanshu Kumar, AC to GA 3
For the Universities: M/s A.K.Keshari, Anil Kumar Singh,
A.B. Sinha, Advocates
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
C.A.V. ORDER
15 07.05-2013Heard learned counsel for the petitioners, the State and respondents-Universities.
In view of the common issue having arisen, all the writ applications filed by the teaching employees of the different Universities, raising a grievance that the arrears of salary including the arrears of difference of salary accrued time to time Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 5 as per revision of scale by the University Grants Commission (hereinafter to be referred to as "the UGC") and accepted by the State Government, are not paid, have been heard and considered together and are being disposed of by this order.
As stated above, the main issue is with regard to payment of arrears of difference of salary which in some cases have not been paid since July 1982 till 2009 and which had arisen due to various revisions of pay scales by the UGC and its acceptance by the State of Bihar.
In view of the common issue arisen in the writ applications, individual's cases are not required to be dealt with separately as in almost all the cases the respondent-University has taken a stand that arrears have been calculated and have also been pre-audited by the team of the State Auditors posted at the respondent- University for the required purpose. The University has taken a categorical stand that aforesaid amount is required to be paid out of which considerable part is claimed to have been paid also and rest would be paid after release of necessary fund by the State.
The respondent-State in its various affidavits has stated that now the funds are being regularly released. Details thereof have been given in the affidavits, thus, it has been submitted that there would be no difficulty in payment of admitted dues with regard to Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 6 the arrears accrued due to difference of pay in view of the revision of the pay scales by the UGC.
However, learned counsel appearing on behalf of the respondent-Universities have submitted that the State Government is not releasing necessary fund for payment of difference of salary which has accrued due to revision of scale by the UGC for the period between 01.01.1996 to 31.03.2000. For example, in C.W.J.C. No. 18336 of 2010 learned counsel for the respondent- University had submitted that the claim of the petitioners has been admitted and it was orally submitted that the respondent- University is taking steps for payment of dues even without waiting for receipt of the fund from the State Government. But, subsequently, I.A. No. 6881 of 2012 was filed on behalf of the respondent-University stating in paragraph 13 thereof that the State Government is not releasing fund for payment of arrears of difference of revised salary under the UGC scale to the petitioners from 01.01.1996 to 31.03.2000, thus, a request has been made for a direction to the State Government for release of necessary fund. It is to be kept in mind that this affidavit was filed at the stage when the arrear of the petitioner was already approved by the respondent-University and the same had been pre-audited by the State Finance Auditor. This necessitated further direction to the Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 7 State Government to clarify its stand. The State Government took a stand that vide letter No. F.1-22/97-U.I. of the Ministry of Human Resource Development Department of the Government of India dated 27.07.1998, by which the Central Government had decided to continue to provide financial assistance to the State Governments who wish to implement the revised scales which has been recommended by the UGC by providing 80% of the additional expenditure involved in the implementation of such revision for the period commencing from 01.01.1996 to 31.03.2000. Thereafter, from 01.04.2000 onwards, the concerned State Government would have to bear the entire expenses and liabilities. In view thereof, it was submitted that the arrears arising out of difference of salary due to revision of pay scales for the aforesaid period commencing from 01.01.1996 to 31.03.2000 cannot be paid to the various teaching staff as financial assistance of 80% from the Central Government is yet to be received in its entirety. Thereafter, this Court, on 10.12.2012 directed the State to produce the entire communication made with the Central Government giving information regarding non-implementation of the scheme of revision of pay scales for the aforesaid period due to non-receipt of the financial assistance by the Central Government. In response thereof two affidavits have been filed by the Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 8 respondent-State. In the first affidavit it has been stated that the State Government is releasing the funds in compliance of various directions of this Court, however, so far the period between 01.01.1996 to 31.03.2000 is concerned, the State Government would contribute its share of 20% after receipt of 80% grant from the Central Government. Thus, it has been categorically stated in paragraph 8 of the supplementary counter affidavit filed on 18.12.2012 that for the period between 01.01.1996 to 31.03.2000 the petitioners must have got their salary in the unrevised pay scales, however, after 31.03.2000 the amount for payment of revised scale is being released by the State Government. From the letters as contained in Annexure B, it appears that some amount was already disbursed by the Central Government but more was required and as such, letters were written on 17.08.2009, 22.02.2010, 27.03.2010 and 21.01.2011. It is also admitted position that the teachers were not getting difference of salary even after 31.03.2000 and for that reason this Court was flooded with writ applications filed by the teachers of different Universities. Several writ applications were disposed of with a direction to make payment of the dues and in some cases contempt applications were filed in which strong and strict orders were passed by this Court. Now a stand is being taken by the Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 9 respondent-University and the State that funds are being released regularly and either the teachers have already got their difference of salary or they would be getting it soon after due verification by the University and the State Finance Auditors. However, from one of the affidavits it appears that a decision has been taken by the State Government, as contained in Annexure D to the counter affidavit filed on behalf of the respondent no. 1, that the dues for the period commencing from 01.01.2006 to 31.03.2010 would also be paid along with the arrears for the period commencing from 01.01.1996 to 31.03.2000 after receipt of 80% of the fund from the Central Government.
On appreciation of rival contention the main issue which arises for determination in this case is whether the State Government can take such stand that it will pay the difference of salary accrued due to acceptance of UGC revision of scale for the concerned period only after receipt of the financial assistance to the tune of 80% of the total liability by the Central Government and, till that the amount is received, the State authorities cannot be asked to release the necessary fund for the payment of such arrears?
For better appreciation of this matter it has to be understood as to who is the employer of the teachers of the various colleges Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 10 under various Universities of the State of Bihar. The compelling answer to the aforesaid would be that the concerned Universities are the employers of the teachers. The various Universities of this State are chiefly governed by two statutes--one is the Bihar State Universities Act, 1976 which governs almost all the Universities of the State except the Patna University and the second is Patna University Act, 1976 which is meant for Patna University and various colleges under it. From the perusal of the aforesaid statutes it unquestionably appears that the petitioners are not the employees of the Central Government and, thus, are not under any contract with the Central Government for payment of their salary or revised salary etc. Section 46 of the Bihar State Universities Act, 1976(section 47 is the equivalent provision under the Patna University Act, 1976) mandates that the State Government shall contribute annually to the University fund a recurring grant out of the Consolidated Fund of the State which shall include all expenses of recurring nature and it shall, in consultation with the Vice Chancellor, calculate such amount. The amount may be revised at the expiry of every five years. The State Government is also obliged to contribute time to time such additional grant to the University funds, as it may deem fit having regard to the need of expansion and development of the University or the Colleges. Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 11
When Mr. D.K. Sinha, learned Additional Advocate General No. II, appearing for the State, was confronted with this provision, he could not deny that the State Government is obliged to contribute necessary fund for meeting recurring expenses of the various Universities of the State and the expenditure has to be made from the consolidated fund of the State of Bihar. Further, the recurring expenditure definitely include the expenditure arising out under the head for payment of salaries and allowances of the teaching and non-teaching staff of different colleges of the Universities. On being asked he categorically stated that the State of Bihar has not come up with any scheme for time to time revision of scales of the teachers of the colleges under various Universities on its own rather it is accepting such time to time revision as recommended by the UGC.
From the aforesaid facts, it appears that the teachers are employees of the Universities and there is statutory obligation upon the State of Bihar to release necessary fund for meeting the recurring expenditure of the Universities which is also to be revised after every five years. State is also obliged to meet additional expenditures also. The aforesaid statute nowhere state that the Central Government is also under obligation for payment of salary or revised salary to a teacher of the University or college Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 12 under University. However, this Court would not mind if the State Government generates some additional resource or receive some grant-in-aid from the Central Government for payment of such salary or difference of salary on account of revision of pay scale. It is immaterial as to from which source the State generates fund but it is undisputed that the State is under obligation to release necessary fund for payment of such dues or arrears once it has accepted the UGC recommendation of revision of scales. It is also not in dispute that the arrears were not paid even for the period after 31.03.2000 for which hundreds of writ petitions came to be filed before this Court and subsequently some amounts are being released and remaining are now undertaken to be released.
Learned Additional Advocate General No. II is not in a position to produce any agreement with the Central Government showing that, at the first instance, the Central Government would have to provide financial assistance of 80% of total liability for the period concerned and then the State Government would meet the remaining 20% of the same and only, thereafter, the revised scale would be paid to the concerned teachers. It appears from the letter dated 27.07.1998 of the Central Government that the Central Government had agreed to provide financial assistance to the States up to 80% of the total liability for concerned period but it Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 13 does not necessarily mean that till it provides the same the scheme of revision would not be implemented by the State of Bihar as admittedly the State of Bihar has not come with any separate revision of scale of teachers and has categorically stated that it has accepted the UGC recommendation.
A learned Single Judge of this Court in the order dated 15.02.2012 passed in M.J.C. No. 5203 of 2010 has stated that if it was a private employer defaulting payment of wages to its workers, the State would have been the first person to prosecute them but when it comes to the State's own obligation, the State puts on a sleeping cap and takes a long nap not bothering its statutory obligations. The scheme of UGC of revision of scale which was made effective from 01.01.1996 was accepted by the letter of the Higher Education of the State of Bihar bearing letter no. 15/M1-218/98(H.E.) 1300 dated 10.07.2001. It has been stated in clause (ii) of the aforesaid letter that the Human Resource Development Department of the Central Government has agreed to grant financial assistance of 80% for the period commencing from 01.01.1996 to 31.03.2000 subject to the condition that the State Government accepts the pay scale revision as recommended by the UGC excepting all the terms and conditions described therein. However, that notification itself was subject to litigation Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 14 and the matter came up for a decision before this Court in C.W.J.C. No. 11986 of 2001 and finally in L.P.A. No. 500 of 2002. In view of the orders passed by this Court another notification by the State Government came up vide letter no. 14/C1-224/2001/1118 dated 28.09.2005 by which the benefit of revision of scale was extended to the teachers promoted under time bound promotion scheme also. However, it does not appear that even then immediately any letter was written to the Central Government for release of such financial assistance of 80%. All the letters which have been brought on record have been written either in the year 2009 or thereafter till 2011. Therefore, the State could not demonstrate its bona fide by showing that it was ready to pay the revised scale for the concerned period and was continuously in communication with the Central Government from the beginning itself informing it that unless financial assistance of 80% is received it cannot be implemented.
Learned counsel for the petitioners, at the time of hearing of these matters, produced a copy of the counter affidavit filed on behalf of the Union of India in another case being C.W.J.C. No. 11801 of 2012. Learned counsel has drawn attention towards a statement made in paragraph 11 thereof which discloses the view of the Central Government that the State of Bihar is required under Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 15 the Scheme to first pay the arrears to the teachers and then seek reimbursement of Central share amounting to 80% of the additional liability on account of salary revision for implementation of the revised UGC pay scales for University and College Teachers, Librarian personnel and physical education cadre, for the period from 01.01.2006 to 31.03.2010. It is contended that similar step should have been taken by the State Government with regard to the payment of arrears of the period concerned in the present case.
Thus, in my considered opinion, the State Government is under statutory obligation to contribute necessary fund regularly for payment of salary as revised time to time of the teachers of the various Universities and the colleges under the Universities from its own resources once it has accepted the revised pay scale recommended by the UGC. Thereafter, it would be at liberty to seek financial assistance from any other resource or get it reimbursed from the Central Government as per its undertaking. It would not be fair on the part of the State Government to keep the matter pending by not paying the revised scales of the teachers on the ground that the Central Government is yet to release necessary funds as financial assistance.
Accordingly, I direct the State authorities to release the Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 16 necessary fund within two months from the date of receipt/production of a copy of this order for payment of all the dues/arrears of the teachers which have been approved by different Universities and pre-audited by the State Finance Auditor. Once the State Finance Auditors posted by the State Government at the Universities for the relevant purpose, clear the dues, the State Government should immediately release necessary fund. It is further held that since the admitted dues have not been paid by the respondents to the petitioners they would also be obliged to pay simple interest at the rate of 12% per annum to be calculated from the date such amount became due till such final payment is made or has been made. This would also include the amount accrued due to the difference of salary in view of revised UGC scale time to time including the period from 01.01.1996 to 31.03.2000 or from 01.01.2006 till 31.03.2010.
However, so far as the colleges of 4th phase, if any, are concerned, a Division Bench of this Court in its decision dated 13.07.2012 in L.P.A. No. 32 of 2011 has held that till the appointments of such teachers were confirmed after recommendation of the Justice Aggarwal Commission and its acceptance by the Apex Court, the situation was fluid, thus, such teachers could not have claimed their revised salary. However, the Patna High Court CWJC No.18336 of 2010 (15) dt.07-05-2013 17 moment the State Government also accepted that recommendation and thereafter the services of the teachers were confirmed, the University was duty bound to pay the dues and the State Government was obliged to release the required fund. Thus, in such cases the respondents would be obliged to pay the arrears immediately and also pay simple interest at the rate of 12% per annum which should be calculated from the date of confirmation/absorption of services of such teachers till the date of its payment.
Before parting with the issue, I must indicate that if the petitioners or some of the petitioners are aggrieved with the manner in which their dues have been calculated either by the University, in that case they would be at liberty to raise such issue before the Vice Chancellor of the concerned University making out their grievances which should be considered and disposed of by the Vice Chancellors concerned by passing speaking orders.
As a result, these writ applications are allowed to the extent as indicated above.
(Dr. Ravi Ranjan, J) SC/-