CIVIL APPEAL 5690 of 2017 on 30 December 1976

1. The State Of Bihar

2. The Principal Secretary, Department of Education, Government of BIhar,Patna. Patna.

3. The Director Higher Education, Department of Education, Government ofBihar, Patna Bihar, Patna

4. The Special Secretary, Department of Education, Government of Bihar,Patna. Patna.

5. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,Darbhanga through its Registrar. Darbhanga through its Registrar.

6. The Vice Chancellor, Kameshwar Singh Darbhanga.

7. The Registrar, Kameshwar Singh, Darbhanga Sanskrit University,Kameshwar Nagar, Darbhanga. Kameshwar Nagar, Darbhanga.

... ... Respondent/s

Appearance :For the Petitioner/s: Mr. Arun KumarFor the Respondent/s: Mr. Jitendra Kr. Roy No. 1, SC-13

Mr. Binay Bhushan Prasad, AC to SC-13

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHAORAL ORDER

16-09-2025

1. Heard learned counsel for the parties concerned.

2. The petitioner, who is working as Assistant Professor, in the Department of Hindi in Sri Ram SanskritCollege, Sarauti, Rampurchauram, Arwal, Jehanabad, affiliatedto Kameshwar Singh Darbhanga Sanskrit University, has filedthe present writ application for quashing of the order ascontained in the memo no. 15/C2-64/2014-412, dated27.02.2025, by which the respondent-State has refused to give approval of salary of the petitioner due since 01.06.2011.

3. The petitioner has further prayed for a direction to the respondent-authorities to release the fund for payment ofsalary to the petitioner, who is working as Assistant Professor inthe Department of Hindi in the aforesaid college.

4. Learned counsel for the petitioner submits that the petitioner was appointed by the Governing Body of the Collegeon 30.12.1976 on the vacant sanctioned post of Lecturer in theDepartment of Hindi after following due process of selectionand started discharging his duties in the College.

5. The petitioner started getting his salarycontinuously from 01.04.1980 without break till May, 2011, butall of a sudden the salary has been stopped since June, 2011.The petitioner discharged his duties diligently since 2011 andafter attaining the age of 65 years has superannuated from thepost of Associate Professor, Department of Hindi, Sri RamSanskrit College, Sarauti, Rampurchauram, Arwal, Jehanabad,on 31.12.2017.

6. The stand has been taken in the impugned order aswell as in the counter affidavit by the respondent/s that theappointment of the petitioner was not approved by the BiharCollege Service Commission inasmuch as in the view of the amendment in the Bihar States Universities Act, 1976, made inthe year 2015, a new Sub Section (6) has been incorporated inSection 57A on 27.08.2015, by which, the Selection Committee,subject to this Act, will complete the scrutiny of the cases ofteachers of affiliated degree colleges appointed prior to19.04.2007 without recommendation of Bihar College ServiceCommission on the basis of qualification enforced at the time ofappointment of such teachers up to 31.03.2017, which wasextended up to 31.03.2018.

7. Learned counsel further submits that the matter ofthe petitioner as Lecturer was placed before the duly constitutedSelection Committee by the Kameshwar Singh DarbhangaSanskrit University in view of the amended provision and afterdue consideration, the Selection Committee recommended andapproved the appointment of the petitioner on the post ofLecturer from the date of his joining i.e. 31.12.1976. Therecommendation of the Selection Committee, dated 17.02.2018,has been brought on record by the petitioner by way of rejoinderaffidavit at Annexure-P/12.

8. The Governing Body of the College accepted thesaid recommendation of the Selection Committee andrecommended the proposal of the petitioner before the University with a request to grant approval of the said proposal.

9. The matter was before the Approval, Seniority and Pay Fixation Committee of the University. A detailed report wasprepared and statutory committee, in its meeting, dated 14[th] and15[th] March, 2018, recommended and approved the said proposalsent by the College and thereafter the matter was placed beforethe Syndicate of the University on 24[th] March, 2018. TheSyndicate, after due consideration of the proposal, vide Item No.3 of the Agenda No. 18.1.4, approved the confirmation ofservices of the petitioner in the College as Lecturer in theDepartment of Hindi w.e.f. 01[st] April, 1980. The notification inthis regard was issued by the University vide Memo No. 719,dated 09[th] May, 2018. The Minutes of the Syndicate has beenannexed at Annexure-P/13 to the rejoinder affidavit.

10. Learned counsel next submits that since thepetitioner has already superannuated from services and hisappointment as Lecturer is in accordance with law, as such, thepetitioner is entitled to the entire arrears of salary due sinceJune, 2011. The petitioner is further entitled for payment of hisentire dues with interest on the said amount as well as for grantof his pensionary benefits as per UGC pay scale.

11. On the other hand, learned counsel for the State submits that the State will contact the University regarding theamount which are required to be paid to the petitioner towardshis arrears of salary and other admissible retiral dues.

12. Learned counsel for the Kameshwar SinghDarbhanga Sanskrit University, in turn, submits that theUniversity shall send a bill to the State Government afterverifying the working details of the petitioner for payment ofarrears of salary and other admissible retiral dues in favour ofthe petitioner within a period of two months.

13. Having heard the arguments advanced by learnedcounsel for the parties and taking into consideration the natureof prayer and the fact that the petitioner’s appointment asLecturer has been approved by the Selection Committee as perthe statutory requirement under Section 57A of the Bihar StatesUniversities Act, the impugned order, annexed at Annexure-1 tothe writ application is fit to be set aside.

14. In the result, Annexure-1 is set aside and therespondent no. 03-Director, Higher Education, Department ofEducation, Government of Bihar, Patna, is directed to releasethe fund within a period of two months from the date of receiptof bill submitted the University for payment of salary and otherdues in favour of the petitioner.

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15. The University is further directed to make thepayment to the petitioner within a period of 15 days from thedate of receipt of the fund from the respondent-State.

16. With the aforesaid observations and directions,this writ application is, accordingly, disposed.

(Anil Kumar Sinha, J)