MANOJ SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has sought for direction to the respondents for payment of arrears salary of the petitioner no.1 from October, 2003 and petitioner no.2 from January, 2004 as well as the current salary. During pendency of the writ application, vide order dated 28.01.2013 in I.A. No.2687 of 2012, the amendment sought for incorporating the prayers and for impletion of Nilambar Pitambar University through its Vice Chancellor and its Registrar as respondent nos.5 and 6 respectively have been allowed and the petitioners have further prayed for direction upon the respondents to grant and pay arrear salary to the petitioner no.1 from October, 2003 till February, 2007 in the revised UGC scale of pay and the petitioner no.2 January, 2004 till February, 2007 in the revised UGC pay scale and the petitioners have further prayed for direction to the respondents to make payment of arrears of salary in revised UGC pay scale of Rs. 8,000-13,500/- w.e.f 01.01.1996 and in the revised UGC pay scale of Rs. 15,600-39,100/- w.e.f 01.04.2006. Further, prayer has been made for direction to the respondents to make payment of difference of arrear salary to the petitioner in the revised UGC pay scale w.e.f March, 2007 till date.

(2.) The brief facts as has been delineated in the writ application is that the petitioner no.1 was appointed on the post of Lecturer in English in S.S.J.S. Namdhari College, Garhwa in the year, 1986 and the petitioner no.2 was appointed on the post of Lecturer in Commerce in the said college in the year, 1987. Accordingly, both the petitioners joined on the said posts. The petitioners after joining the said posts continued to discharge their duties and the college was made constituent college of Ranchi University in the year, 1987. It has been averred in the writ application, the petitioners appeared before the Hon'ble Justice S.C. Agrawal Commission and the name of the petitioners appeared at serial nos. 29 and 74. The services of the petitioner no.1 was absorbed provisionally in Ranchi University under Section 4 (14) of Jharkhand State Universities Act, 2000 vide notification dated 03.03.2005. Thereafter, the petitioner has been deputed to Y.S.N. Mahila College, Daltonganj and also J.S. College, Daltonganj. The petitioner no.1 has been paid salary till September, 2003 thereafter, salary has not been paid. Similarly, the case of the petitioner no.2 was absorbed provisionally in the service of Ranchi University under Section 4(14) of the Jharkhand State Universities Act, 2000 and the salary of the petitioner no.2 was paid till December, 2003 thereafter, salary has not been paid. Due to non-payment of salary, the Principal of the College sent the salary demand to the respondent no.4 and also the report was called from respondent no.4 by the respondent no.2 for non-payment of salary to the petitioners. Being aggrieved by the non-payment of salary in spite of representations vide Annexure-8 to the writ application petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.

(3.) A counter-affidavit by respondent nos.1 and 2 dated 011.2017 has been filed repelling the contentions made in the writ application. In the counteraffidavit, it has been submitted that a large number of complaints of manipulations and fabrication of records in Affiliated Colleges were received by the Government of State of Bihar. So, the State Government took a decision to set up a vigilance enquiry into the alleged malpractices adopted by the said Affiliated Colleges in inducting employees. Apprehending termination of their services, the writ petition was filed by the Union under the name and style of 'Bihar Rajya Mahavidyalaya Shikshak Awam Shikshaketar Karamchari Kalyan Mahasangh' before the Hon'ble Patna High Court in C.W.J.C No.4021 of 1995 which was disposed of by judgment dated 31.01.1997 as reported in 1997 (1) PLJR with a direction to the concerned respondents to take steps under subSection (14) of Section-4 of Bihar Universities Act, 1976 in respect of regularization of the services of the teachers of the Colleges which were made constituent in 4th Phase. The State of Bihar being aggrieved by the said judgment moved before the Hon'ble Supreme Court in Civil Appeal No.6098 of 1997. In the said appeal, the Hon'ble Supreme Court constituted a One man Committee of Hon'ble Mr. Justice S.C. Agarwal (Retd.) from the Hon'ble Supreme Court for making a detailed enquiry and submitting a report. The report of the Commission of enquiry of Hon'ble Justice S.C. Agrawal (retired) has been accepted and all objection filed against the said report were rejected by the Hon'ble Apex Court. With regard to the petitioners, it has been submitted that the petitioner no.1 and petitioner no.2 were appointed as Lecturer in English and Commerce respectively but they did not possess the requisite qualification for appointment on the post of Lecturer. Therefore, the name of petitioners did not appear in Annexure-IIIA & IVA of the Agrawal Commission Report. Further, the Hon'ble Supreme Court in SLP (C) No.12591 of 2010 in Krishna Nand Yadav and Ors. Vs. The State of Bihar has appointed a one man Commission Hon'ble Justice, S.B. Sinha (Retd.) to adjudge the claims of each of the employees for absorption in Constituent Colleges on the anvil of Justice Agrawal Commission Report. Justice Sinha Commission found that there was no record to show that both the petitioners were appointed against sanctioned posts and also their name did not appear in Annexure-IIIA & IV A of the Agrawal Commission Report and therefore, Justice S.B. Sinha Commission rejected the claim of both the petitioners as per Annexure-A to the counteraffidavit.