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2006 DIGILAW 1267 (JHR)

Santi Prakash Kujur v. Ranchi University

2006-10-31

AMARESHWAR SAHAY

body2006
JUDGMENT Amareshwar Sahay, J. 1. In this writ application, the petitioners have prayed for quashing of Annexure-6, the letter of Ranchi University dated 27.01.1982 addressed to the Principal, Simdega College, Simdega whereby, the pay scale of the petitioners which they were getting since April 1990 were reduced and down graded and fixed in the scale of Rs. 1,200 - 1,800. 2. The case of the petitioners is that they are non teaching staff of Simdega College, Simdega and they are holding the post of Class - III Assistant against the sanctioned post. According to the petitioners, earlier there were two types of posts of Assistants namely Lower Division Assistants and Upper Division Assistants. Subsequently on 27.01.1982, the Government of Bihar, Department of Education, by issue of Memo No. 91 addressed to all the Vice Chancellor of Universities situated in the State of Bihar, informed that the Government had decided to give the unified scale of pay to the Upper Division and Lower Division Posts. Subsequently, by letter dated 05.10.1989 (Annexure-2), the Secretary-cum-Commissioner, Human Resources Development Department, Government-of Bihar, wrote to the Vice Chancellors of all the Universities that the Government of Bihar has decided to implement the merger of pay scales of all the Upper Division and Lower Division Assistants/Clerks of Class-III employees of sanctioned post of Constituent Colleges of the Universities like Secretariat and Regional Offices and Constituent colleges of Patna University with effect from 01.07.1981. On the basis of said letter of the Government dated 05.10.1989, the Ranchi University, under the signature of its Registrar, issued an office order, contained in Memo No. 4120-21, dated 25.04.1990 (Annexure-3), unifying the scale of pay of Lower Division and Upper Division Clerks at Rs. 785-1210 with effect from 01.07.1981. Accordingly, the basic pay of the petitioners were fixed at Rs. 785-1210. 3. Further case of the petitioner is that after the pay revision was implemented, by letter No. 14/M1 -038/90, dated 13.04.1991 (Annexure-4), issued by the Commissioner-cum-Secretary, Human Resourced Development Department, Government of Bihar, it was intimated to all the Universities to implement the revised pay scale as per the schedule A, B, C and D. According to the petitioners, their pay scale were to be revised as per serial Nos. 7 and 8 of Schedule-B in which, it was shown that the revised pay scale shall be at Rs. 1,500 - 2,750 if their present scale was Rs. 7 and 8 of Schedule-B in which, it was shown that the revised pay scale shall be at Rs. 1,500 - 2,750 if their present scale was Rs. 785 - 1,210. 4. By issue of Annexure-5, under the signature of its Registrar, Ranchi University, intimated to all the Principals under the Ranchi University that the Vice Chancellor was pleased to order that the revised pay scale of the Officers and non teaching staff of the University be implemented with immediate effect pursuant to the letter dated 13.04.1991 of the Government of Bihar, Department of Human Resources Development. Consequent thereto, the basic pay of the petitioners were fixed at Rs. 1,500 - 2,750 and the petitioners got this pay scale till October, 1992. However, it is alleged that from November, 1992 to September, 1995, the salary of the petitioners were withheld by the respondents. 5. The grievance of the petitioners is that by issue of Annexure-6, under the signature of the Registrar, Ranchi University, the pay scale of the petitioners were arbitrarily fixed by reducing in the scale of Rs. 1,2001,800 instead of Rs. 1,500 - 2,750 though the petitioners were working against the sanctioned posts. It is submitted on behalf of the petitioners that issuance of Annexure-6 is wholly illegal, arbitrary and unconstitutional since the petitioners had joined their service in the year 1983 - 85 and were regularised with effect from 01.08.1993 and were working against the sanctioned posts but still, their salary were arbitrarily fixed by the Registrar of the Ranchi University at a lower scale at Rs. 1,200 - 1,800 contrary to the decision of Vth Pay Revision instead of fixing their pay in the scale of Rs. 1,500 - 2,750. It is further contended that from Annexure-7 i.e. the office order issued by the Ranchi University, Ranchi contained in Memo No. B/3587 - 3673, dated 22.02.1994 itself, it would appear that the. petitioners were regularised with effect from 01.08.1993 and since then the petitioners were working against the sanctioned posts, much prior to coming into force of the Vth Pay Revision and as such, they are fully entitled for the fixation of pay scale in the scale of Rs. 1,500 - 2,750. petitioners were regularised with effect from 01.08.1993 and since then the petitioners were working against the sanctioned posts, much prior to coming into force of the Vth Pay Revision and as such, they are fully entitled for the fixation of pay scale in the scale of Rs. 1,500 - 2,750. It is further contended that issuance of Annexure-6 whereby the pay scale of the petitioners was reduced/down graded, was wholly illegal being violative of principles of natural justice since no notice to show-cause or chance of being heard was given to the petitioner before issuance of such an order. 6. Learned counsel for the petitioner has drawn my attention to the order dated 01.07.1996 passed by the learned Single Judge of this Court in C.W.J.C. No. 3585 of 1995 as contained in Annexure-9 to the writ application and submitted that exactly on similar facts, with regard to the non teaching staffs, the same very letter was issued by the University on 27.01.1995 (Annexure-6) was challenged and the learned Single Judge, by the aforesaid order in the aforesaid writ application, quashed/set aside the said letter dated 27.01.1995 and directed to fix the scale of pay of those writ petitioners who were working against the posts of Assistants and were graduate in the scale of RS.1,500 - 2,750 pursuant to the letter of the Government dated 13.04.1991 and to provide those petitioners with such benefits including arrears, if any. It was further observed that if any of the petitioners were working in the post were found to be not a Graduate then the pay of such persons is to be fixed in the lower revised pay scale of Rs. 1,400 - 2,300. 7. Learned counsel for the petitioners, by producing a photocopy of the Judgment dated 16th July, 2003 passed in C.W.J.C. No. 1266 of 1998 (R) has submitted that the non teaching staff of the Ranchi Women's College, working as Store Keeper, Routine Clerks, Correspondence Clerks, Sorter, Typist etc. also challenged the same very impugned order issued by the Ranchi University whereby, their pay scale were arbitrarily reduced and down graded and fixed in the scale of Rs. also challenged the same very impugned order issued by the Ranchi University whereby, their pay scale were arbitrarily reduced and down graded and fixed in the scale of Rs. 1,200 - 1,800 and this Court by the aforesaid Judgment in C.W.J.C. No. 1266 of 1998 (R), allowed the writ application and quashed the order passed by the Ranchi University relating to down grading and reducing the pay scale of those writ petitioners holding it to be unconstitutional and thereby allowed all consequential benefits to them and directed to release the arrears of salary within a period of two months from the date of receipt of a copy of the said Judgment. 8. The claim of the petitioners has been contested by the Ranchi University mainly on the ground that the petitioners were not validly appointed initially rather they were appointed by the Principal unauthorisedly and their services were regularlised subsequently and therefore, they were rightly paid the scale of Rs. 1,200 - 1,800 in view of the letter of the Government contained in Letter No. 841 dated 13.04.1991 i.e., Annexure-4 to this writ application. 9. After having gone through the entire facts and circumstances of the case, it appears that the case of the petitioners is fully covered by the Judgment dated 01.07.1996 passed by this Court in C.W.J.C. No. 3585 of 1995 (R) (Ramkishna Bhagat and Ors. v. The Vice Chancellor and Ors.) and the Judgment passed by another Single Judge of this Court on 16.07.2003 in C.W.J.C. No. 1266 of 1998 (R) and therefore, the present petitioners are also entitled to same benefits as has been granted to those writ petitioners in the aforesaid two writ petitions. 10. Accordingly, this writ application is allowed in the same terms of C.W.J.C. No. 3585 of 1995 (R) and C.W.J.C. No. 1266 of 1998 (R) and the order as contained in Annexure-6 dated 27.01.1995 is hereby quashed. The respondents are directed to refix the pay of the petitioners on the basis of the aforesaid two Judgments passed by this Court in C.W.J.C. No. 3585 of 1995 (R) and C.W.J.C. No. 1266 of 1998 (R). It is made clear that the reliefs which have been given to the writ petitioners in C.W.J.C. No. 3585 of 1995 (R) and C.W.J.C. No. 1266 of 1998 (R) shall also be extended to these writ petitioners by the respondents. It is made clear that the reliefs which have been given to the writ petitioners in C.W.J.C. No. 3585 of 1995 (R) and C.W.J.C. No. 1266 of 1998 (R) shall also be extended to these writ petitioners by the respondents. With the aforesaid observations and directions, this writ application is allowed. There shall be no order as to costs. Application allowed.