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2001 DIGILAW 138 (PAT)

Jairaj Singh v. State Of Bihar

2001-02-14

R.M.PRASAD

body2001
Judgment 1. In this writ petition, prayer is to command the Respondents to take action for payment of arrears of salary for the period April, 2000 till date to the employees working in Bihar Inter University Board and further to direct the Respondents to release the salary and other emoluments regularly by 25th day of every month. 2. A counter affidavit has been filed on behalf of the Respondent Bihar Inter University Board, in which the claim of the petitioner is not disputed. However, it is stated that the Board, as a matter of fact, has no internal resources and it has to depend upon the State Government for financial grant and the moment the fund is released by the State Government, the payment wiil be made to the employees without any delay. 3. A counter affidavit has been filed on behalf of the State also in which it is stated that the Board is not a fullfledged . Government Department, but an autonomous body and the payment of salary to its employees through Secretariat Treasury is not legally possible because the payment to the employees of the Board is made through the grant sanctioned by the State Government. In paragraph 9, however, it is stated that the process of sanctioning of grant of sanction of 19 lacs rupees for this financial year 2000-2001 is getting completed and the Department would release the grant. It is also stated that if the Board would need more fund for salary, the Government Department shall examine the genuineness of the claim and take steps for sanction of release of further grant accordingly. 4. Learned counsel for the petitioner has submitted that the petitioner is employee of the Board, which is an autonomous body and the entire liability is of the Board to pay the salary and other dues it is submitted that it has become regular feature that the saiary is not paid in time every month..Under such circumstances, it is a fit case for grant of relief as prayed for. 5. Mr. 5. Mr. Sinha, learned Senior counsel appearing for the Board has submitted that there cannot be any doubt that the Board is an autonomous body and the liability to pay salary of the employees is of the Board, but in view of the fact that the Board has no source of its own to generate fund, it has to depend upon the State Government for financial grant and it is only after the release of the grant that the payments of salary are made to its employees. As such, according to the learned counsel for the Board, there has been no intentional laches on the part of the authorities of the Board. 6. This Court is unable to accept the said submission of the learned counsel for the Board. It is not in dispute that the liability for payment of salary of the employees of the Board is of the Board. It may be true that the Government releases grant under the provisions, contained in Chapter V of Inter University Board Rules, but learned counsel for the Board has failed to show any provision under which the liability to pay saiary is of the Government if at all there is any liability of the State Government to release grant and it failed to release grant at appropriate time, the responsibility was of the authorities of the Board to take appropriate direction against the Government, but, in my opinion, that cannot be plausible explanation to keep the employees deprived of their salary awaiting release of grant from the Government. 7. It is really shocking that in course of hearing of various such matters in regard to various Boards and Corporation, similar defence is taken on their behalf for not paying the dues of the employees like salaries, retiral benefits etc. at the appropriate time compelling the employees to move this Court and unnecessarily burdening this Court also by increasing its pendency. It is really unfortunate that now the High Court in exercise of the power under Article 226 of the Constitution has to issue direction for admitted claim of the parties and unnecessarily the Courts time is wasted it is really shocking that the authorities of the Board/Corporation and other autonomous body do not take appropriate steps at appropriate time and keep on waiting merely for release of grant or fund by the State Government. In my opinion, non-release of grant or fund by the State Government cannot absolve them of their responsibility unless it is shown that under any statutory provision or agreement the liability to pay such dues of the employees is of the State Government. On failure to get grant at the appropriate time for which the Board, Corporation or any other autonomous body are entitled, they cannot be allowed to sleep over the matter at the mercy of the State Government in releasing the fund in fact, this Court strongly deprecates the inaction on the part of the highest authorities of such functionary. 8. Having heard learned counsel for the parties and having regard to the aforesaid facts and circumstances, this Court does not find any explanation much less satisfactory explanation for non-payment of the due salary of the petitioner now for almost a year. 9. Accordingly, this writ application is allowed with cost of Rs. 2,000/-. The Respondent-authorities of the Board are directed to pay the due salary and the amount of cost to the petitioner within four weeks of the receipt/production of a copy of this order.