WRIT PETITION 19199 of 2021 on 1 April 1993

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

2. Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University,Kameshwar Nagar, Darbhanga.Kameshwar Nagar, Darbhanga.

3. Registrar, Kameshwar Singh, Darbhanga Sanskrit University, KameshwarNagar, Darbhanga.Nagar, Darbhanga.

4. Governing Body, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya,Mahrail, District- Madhubani, through its Secretary.Mahrail, District- Madhubani, through its Secretary.

5. The State of Bihar through Principal Secretary, Department of Education,Government of Bihar, Patna.Government of Bihar, Patna.

... ... Respondent/s with

Civil Writ Jurisdiction Case No. 19150 of 2021

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Uday Kumar Jha Son of Late Kamala Kant Jha Resident of Village and Post-Kanhauli, P.S.- Manigachhi, District- Darbhanga at present posted asPrincipal, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya, Mahrail,District- Madhubani.

... ... Petitioner/s

Versus

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

2. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,Kameshwar Nagar, Darbhanga.Kameshwar Nagar, Darbhanga.

3. Registrar, Kameshwar Singh Darbhanga Sanskrit University, KameshwarNagar, Darbhanga.Nagar, Darbhanga.

4. Governing Body, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya,Mahrail, District- Madhubani, through its Secretary.Mahrail, District- Madhubani, through its Secretary.

5. The State of Bihar through Principal Secretary, Department of Education,Government of Bihar, Patna.Government of Bihar, Patna.

... ... Respondent/s

======================================================CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGHORAL JUDGMENTDate : 29-04-2025

Heard Mr. Durga Nand Jha, learned counsel appearing on behalf of the petitioners; Mrs. Binita Singh,learned SC 28 along with Mr. Subhash Chandra Mishra, learnedSC 16 for the State and Mr. Amish Kumar, along with Mr.Shankar Kumar Choudhary, learned counsels appearing onbehalf of the respondent no.5.

2. The issue involved in both the writ applications aresimilar and at the request of the respective counsels, both arebeing heard together and are being disposed of by a commonorder.

3. Petitioner of CWJC No.19199 of 2021 has, interalia, prayed for following reliefs in the paragraphs No.1 of thewrit petition:- “(i) Issuance of a writ in the natureof Mandamus directing and commanding theRespondents to allow the pay of petitioner in thepay-scale payable to reader and thereby to payhim the arrears of differences w.e.f. 01.04.1993

which is withheld by the Respondents withoutany cogent reason.

(ii) Issuance of an appropriatedirection/order to Respondent to fix the pay ofpetitioner in the pay scale of Rs. 3000-5000 w.e.f.01.04.1993; in the pay scale of Rs. 12000-18300w.e.f. 01.01.1996 I the pay scale of Rs. 37400-67000 with Grade pay of Rs. 9000 w.e.f01.01.2006 and fix the pay at Rs. 1,66,400 on01.07.2016 and at Rs. 1,98,700 w.e.f. 01.07.2021and thereby to pay the entire arrears w.e.f.01.04.1993 i.e. the date on which the petitionerwas allowed promotion on the post of Reader.

(iii) Issuance of an appropriatedeclaration and holding that once present todirection of the Hon'ble Chancellor dated20.12.1986 and statute-30 the selectioncommittee had recommended for grant of timebound promotion to petitioner w.e.f. 01.04.1993and such recommendation for grant of timebound promotion to the post of Reader was dulyapproved by the university vide office ordercontained in Memo no. 12076 dated 08.08.2012w.e.f. 01.04.1993, there appears no justificationfor the authorities of the university not to allowthe pay scale of Reader to petitioner and to withhold the payment of salary against the post ofReader w.e.f. 01.04.1993.

(iv) Issuance of an appropriatedeclaration and holding that the petitioner isentitled to salary payable against the post ofReader on which post the petitioner was dulypromoted as per statute and his promotion wasduly approved after following the procedures andis working on said post w.e.f. 01.04.1993, withentire arrears with interest @18% and penalinterest forth with for which university is obligedto pay.

(v) Any other relief or reliefs begranted to petitioner to which he is found to beentitled to.”

4. Petitioner of CWJC No.19150 of 2021 has, inter alia, prayed for following reliefs in the paragraphs No.1 of thewrit petition:- “(i) Issuance of a writ in the natureof Mandamus directing and commanding theRespondents to allow the pay of petitioner in thepay-scale payable to reader and thereby to payhim the arrears of differences w.e.f. 01.04.1993

which is withheld by the Respondents withoutany cogent reason.

(ii) Issuance of an appropriatedirection/order to Respondent to fix the pay ofpetitioner in the pay scale of Rs. 3000-5000 w.e.f.01.04.1993; in the pay scale of Rs. 12000-18300w.e.f. 01.01.1996 I the pay scale of Rs. 37400-67000 with Grade pay of Rs. 9000 w.e.f01.01.2006 and fix the pay at Rs. 1,66,400 on01.07.2016 and at Rs. 1,98,700 w.e.f. 01.07.2021and thereby to pay the entire arrears w.e.f.01.04.1993 i.e. the date on which the petitionerwas allowed promotion on the post of Reader.

(iii) Issuance of an appropriatedeclaration and holding that once present todirection of the Hon'ble Chancellor dated20.12.1986 and statute-30 the selectioncommittee had recommended for grant of timebound promotion to petitioner w.e.f. 01.04.1993and such recommendation for grant of timebound promotion to the post of Reader was dulyapproved by the university vide office ordercontained in Memo no. 12072 dated 08.08.2012w.e.f. 01.04.1993, there appears no justificationfor the authorities of the university not to allowthe pay scale of Reader to petitioner and to withhold the payment of salary against the post ofReader w.e.f. 01.04.1993.

(iv) Issuance of an appropriatedeclaration and holding that the petitioner isentitled to salary payable against the post ofReader on which post the petitioner was dulypromoted as per statute and his promotion wasduly approved after following the procedures andis working on said post w.e.f. 01.04.1993, withentire arrears with interest @18% and penalinterest forth with for which university is obligedto pay.

(v) Any other relief or reliefs begranted to petitioner to which he is found to beentitled to.”

5. Brief facts of the case of the Petitioner (Dr. Umesh Jha) of CWJC No.19199 of 2021 are that the petitioner wasinitially appointed on the post of lecturer Jyotish subject ontemporary basis for a period of six months by the GoverningBody of the College vide letter no.313/81 dated 31.05.1981 and accordingly, he joined on 04.06.1981 in Kirti NarayanKamakhya Sanskrit College, Mahrail. Thereafter, the service ofthe petitioner was extended from time to time. In the meantime,pursuant to the advertisement of the year 1989, issued by theBihar College Service Commission, the petitioner applied andafter interview, he was recommended by the Commission forpermanent appointment vide letter no.124 dated 13.07.2002(Annexure 2 to the writ petition). Thereafter, the matter wasplaced in the meeting of Governing Body on 06.12.2002 and itwas resolved that the appointment of the petitioner be madepermanent and same was communicated to the petitioner videletter no.32/02 dated 13.12.2002 (Annexure 3 to the writpetition), pursuant to which, the petitioner submitted his joiningas permanent lecturer on 18.12.2002. The service of thepetitioner was confirmed by the Syndicate vide ProgrammeNo.5 dated 05.12.2009 with effect from 01.04.1983 and thesame was communicated to the petitioner vide Memono.8216/10 dated 20.08.2010. Thereafter, the matter of thepetitioner was placed before the promotion committee of theuniversity and accordingly, the university vide office ordercontained in memo no.12076 dated 08.08.2012 (Annexure 6 tothe writ petition) approved the time bound promotion to the petitioner against the post of reader w.e.f. 01.04.1993.However, after his promotion, the petitioner was not grantedrequired pay scale, though the petitioner has been representingthe matter before the university since the year 2013, forcing thepetitioner to file the present writ petition.

6. Brief facts of the case of the Petitioner (Uday KumarJha) of CWJC No.19150 of 2021 are that thepetitioner was initially appointed on the post of lecturer Sahityasubject by the Secretary of the Governing Body of the Collegevide letter no.319/81 dated 30.12.1981 and thereafter, he joinedon 06.01.1982 in Kirti Narayan Kamakhya Sanskrit College,Mahrail. Thereafter, the service of the petitioner was extended fromtime to time. In the meantime, pursuant to the advertisement of theyear 1989, issued by the Bihar College Service Commission, thepetitioner applied and after interview, he was recommended by theCommission for permanent appointmentvideletter no.21 dated08.04.2002 (Annexure 1 to the writ petition). Thereafter, the matterwas placed in the meeting of Governing Body on 19.05.2002 and itwas resolved that the appoinemnt of the petitioner be madepermanent and same was communicated to the petitioner vide letterno.9/02 dated 20.05.2002, pursuant to which, the petitioner submittedhis joining as permanent lecturer on 20.05.2002. The service of thepetitioner was confirmed by the Syndicate vide Programme No.5

dated 05.12.2009 with effect from 01.04.1983 and the same wascommunicated to the petitioner vide Memo no.VC0147 dated26.08.2010. Thereafter, the matter of the petitioner was placed beforethe promotion committee of the university and accordingly, theuniversity vide office order contained in memo no.12072 dated08.08.2012 approved the time bound promotion to the petitioneragainst the post of reader w.e.f. 01.04.1993. However, after hispromotion, the petitioner was not granted required pay scale, thoughthe petitioner has been representing the matter before the universitysince the year 2013, forcing the petitioner to file the present writpetition.

7. Learned counsel appearing on behalf of petitionerssubmittd that Petitioner of CWJC No.19199 of 2021, namely,Dr. Umesh Jha and petitioner of CWJC No.19150 of 2021namely, Uday KumarJhawere appointed by the GoverningBody in Kirti Narayan Kamakhya Sanskrit College, Mahrail, onthe post of lecturer, for the Jyotish and Sahitya subjects,respectively. The petitioners are aggrieved for non-payment, ofthe required pay scale, after granting the financial up-gradationaccruing to them, from the date of their appointment. In theletter dated 22.07.2011, addressed by the In-charge ViceChancellor to the Secretary/Principal of the College, it has beenadmitted that the petitioners are entitled for a time bound promotion and financial up-gradation, accrued, as a result ofcompletion of their services of 10 years, in light of Section 23 ofthe Bihar State Universities Act 1976, as amended in the year2007 and in a letter issued from the office of the GoverningBody, contained in Memo No.2177 dated 30.06.2008, it hasbeen informed that in light of the letter dated 15.09.2010, thedirectives were given to complete the process by 31.03.2010.From the information contained in letter dated 22.02.2011, itappears that the Kameshwar Singh Darbhanga SanskritUniversity granted financial benefit, as a result of time boundpromotion, to altogether six lecturers, including the petitioners,in different subjects.

8. Considering the aforesaid information, I find thatthe petitioners, in the writ petitions, have not pleaded in a veryclear manner, and from the counter affidavit, also it appears thatappointment of the petitioners, by the Governing Body, has notbeen questioned. In counter affidavit, proper information has notbeen given that, as to when, and in which year, the posts insubject of Jyotish and Sahitya were sanctioned by the StateGovernment. By taking the status of the petitioners that theywere appointed as temporary teachers for a maximum period ofsix months, in view of the section 35 of the Bihar University Act, they were somehow allowed to continue by the GoverningBody, as well as, by the said University, which is not permissibleunder the law. I find that taking resort to the provision of section35 of the Bihar University Act, in absence of any information inrespect of the total number of posts and the year, in which theposts were sanctioned, the State cannot be said to have acted in afair manner, when it has admitted that the said Universityallowed the teachers to work. It has also been made clear that atno point of time, neither, the status of this college, nor, the statusof the teachers was questioned by the State Government, whohave been allowed to continue from the date of theirappointment, to teach in respective subjects, on the sanctionedposts and now the State Government is taking divergent viewthat the petitioners, who were appointed as permanent teachersin the year 2002, are not entitled for the posts from the date oftheir appointment i.e. 01.04.1993, can only be said to be notwell founded.

9. In the above facts and circumstances of the case,as well as, the information contained in the writ petitions and thecounter affidavit, I find it proper to direct the Registrar of theUniversity to call all the service particulars relating to thepetitioners, as well as, the date on which the State Government

had accrued to sanction Jyotish and Sahitya subjects, in whichthe petitioners are continuing till date and if it is found that theposts are sanctioned on any later date, after the appointment ofthe petitioners, then in that case, the petitioners are entitled forthe required reliefs, from the date of the sanctioned posts. It isalso made clear that the budgetary allocation is earmarked foreach and every post, which are sanctioned by the University andin that view also, the petitioners become entitled for the reliefs,as prayed for in the present writ petitions.

10. The petitioners, if so advised, may also co-operate with the University by filing their individual detailedrepresentation, along with all the required information, tosupport their cases, in respect of their claims, as prayed for inthe present writ petitions.

11. If the claims of the petitioners are accepted by theRegistrar of the University, then in that case, the Registrar mustfacilitate at his own level, by pursuing the matter relating to thepetitioners before the Additional Chief Secretary, EducationDepartment, Government of Bihar, who, in turn, must take stepsto get the amount sanctioned from the Finance Department,which is required to be paid to the petitioners. The aboveexercise is directed to be concluded well within a period of two months.

12. Accordingly, the present writ petitions stand disposed of.

Ashishsingh/-

(Purnendu Singh, J)

AFR/NAFRNAFRCAV DATENAUploading Date12.05.2025Transmission DateNA