SANDHYA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all the above three writ petitions, similar question of law is involved and, accordingly, the above stated writ petitions were heard together and common judgment is being passed.

(2.) First of all, I would like to state briefly the facts of each cases separately.

(3.) In the above stated writ petition, petitioner Sandhya Mandal was, initially, appointed on daily wages basis on the post of Assistant to meet the exigency of work in Balmiki Rajniti Mahila College, Munger (hereinafter referred to as 'the BRM College"). Subsequently, the Selection Committee consisting six persons in its meeting dated 27.2.1981 decided to absorb the services of the petitioner on sanctioned post, i.e., Lower Division Clerk w.e.f. 1.3.1981 in the pay scale prescribed by the Tilika Manjhi University, Bhagalpur (hereinafter referred to as "the University) and, thereafter, in pursuant to the decision of the Selection Committee, Principal of the College issued appointment letter to the petitioner and having got the appointment letter, she joined on the sanctioned post of Lower Division Clerk on 1.3.1981. She rendered her services regularly and continuously and from time to time her fixation of pay scale was fixed and approved by the concerned University. She received her salary from the date of her joining till August 1999 but from September, 1999 her salary was stopped, though she was continuously performing her duty. However, the Deputy Registrar of the concerned University vide letter No. 304 dated 20.12.1999 sought an information from the Principal of the College regarding sanctioned post and the name of persons who were working on that sanctioned post. In compliance of information sought by Deputy Registrar of concerned University, the Principal of the College sent his report vide letter No. BRM/99 dated 21.12.1999 disclosing this fact that the petitioner was appointed on 1.3.1981 by the College and her appointment was approved by the Bhagalpur University. Thereafter, the then Vice Chancellor of the concerned University on the instruction of the Government referred the matter to the Post Verification Committee for an inquiry with regard to appointment made in different colleges in concerned University including Balmiki Rajniti Mahila College, Munger. The Verification Committee in its report mentioned that Balmiki Rajniti Mahila College, Munger is a constituent unit and there were 11 sanctioned post of third category employees since 1976-77. Having received the post-wise verification, the Registrar of the concerned University vide letter No. 3/806 dated 2.5.2000 made a request to the Secretary, Higher Education Department, Government of Bihar, Patna, for necessary direction / order for payment of salary of the employees of the Balmiki Rajniti Mahila College, Munger, whose salary was held since 1.9.1999. Furthermore, the Post Verification Committee found that the appointment of petitioner was made on sanctioned post. Petitioner as well as other employees of the College made several representations before the concerned authorities for payment of their salary but no step was taken and, thereafter, petitioner filed C.W.J.C. No. 1343 of 2001 before the High Court for payment of her monthly salary, which was disposed of on 18.4.2006 with certain directions. The certified copy of order dated 18.4.2006 passed in C.W.J.C. No. 1343 of 2001 has been annexed with writ petition as Annexure 6. However, in the meantime, the Registrar of the University on the approval of State Government, vide its Office Order No. 88 dated 27.5.2006 absorbed the services of the petitioner and other employees of the University in regular establishment w.e.f. 5.6.2003 and after absorption, the salary of the petitioner had been regularly paid till the date of her superannuation i.e., 31.8.2010. The petitioner was regularly discharging her duties since 1.9.1999 till 31.8.2010 but her salary was not paid to her from 1.9.1999 to 4.6.2003 and, thereafter, she again moved before High Court vide C.W.J.C. No. 5616 of 2010 for payment of her salary from 1.9.1999 to 4.6.2003 but the aforesaid C.W.J.C. No. 5616 of 2010 dismissed by the High Court vide order dated 26.4.2013. The certified copy of the order dated 26.4.2013 passed in C.W.J.C. No. 5616 of 2010 has been annexed with writ petition as Annexure 8.