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Patna High Court · body

2008 DIGILAW 970 (PAT)

Mandeo Prasad Saw v. State of Bihar

2008-07-16

body2008
ORDER 1. This batch of cases relates to claim for salary and other service dues of employees, both teaching and non-teaching, as well as those superannuated of the Magadh University. 2. The issues arising in the writ petitions are purely administrative in nature regarding disbursement of salaries. No issues of eligibility or disqualification vis-avis writ petitioners has been raised before this Court. There are thus no legal issues requiring adjudication under Article 226 of the Constitution of India. 3. The Court therefore refuses to take on the administrators burden but directs the administrator to discharge its duties. The concern of the Court is the grievance of the petitioners of denial of salary by reasons of refusal of the administrator to discharge its duties or to shelve it by attempting to cast the burden on other administrative authorities. In either event the matter remains in the realm of the administration. There have been orders of the Court earlier in CWJC No. 8723 of 2003 and analogous cases which does not appear to have woken up both the University and the State Government from their stupor. Whatever may be the defence or issue of administration between the University and the State Government, a citizen is entitled to what is legitimately due to him though the administrator may have the liberty to ensure distribution in a manner equitable to all those who may have been denied benefits so that there is no lop sided administrative action to the benefit of one and to the detriment of others. 4. This Court directs the Principal Secretary of the Department of Higher Education, Government of Bihar to draw up a scheme for different colleges of the Magadh University fixing their dates for sitting. This Court is informed that there are 44 constituent colleges apart from the University. The Principal Secretary may either preside over the sitting on the scheduled dates himself or may nominate a Senior Class-I Officer of the State Government for the purpose. This may entail a sitting of more than one date for a College. This Court requires the Principals of the College in question, fixed on a scheduled date as per the scheme to be framed by the Principal Secretary, to carry all documents and records with regard to the employees whose cases would be considered on that particular date before the Secretary. This Court requires the Principals of the College in question, fixed on a scheduled date as per the scheme to be framed by the Principal Secretary, to carry all documents and records with regard to the employees whose cases would be considered on that particular date before the Secretary. It shall be the responsibility of the Registrar of the University who is also directed to be present at such scheduled meeting to ensure that all such records are carried by the Principal. This shall be necessary to ensure that all information with regard to the legitimate admissible dues Payable to the employees is discerned at this joint sitting. In the event that any query is made by the State Government, that shall be answered by the Principal and the Registrar within such time as the State Government may grant for the purpose unless it extends the same otherwise. Based on the aforesaid exercise the State Government shall then arrive at a conclusion of the entitlement of each college and the University after its satisfaction to the admissible dues payable to the individual employees. The State Government shall then frame a scheme for payment of these arrears to the individual employees in a manner to ensure equitable distribution, including a system staggered payment so that after quantification of individual dues the payment commences with promptitude though it may be spread over a period. This shall stop the heart burn of the employees once they are assured of quantification of their dues and the assurance that it shall be paid over a period of time. 5. It is made clear that the command of the Court to the Principal Secretary, Registrar and Finance Officer of the University and the Principal of the College in question are for framing out a scheme for payment of the admissible dues by a joint sitting so that no opportunity is left to either one of them to shift the burden to other and in the process the employee continues to suffer. 6. 6. Let this complete exercise of framing of the scheme, quantification of admissible dues, equitable payment, staggered if necessary be done within a maximum period of six months from the date of receipt and/or production of a copy of this order, and actual payment thereunder commence within three months thereafter, failing which the question of flouting the orders of the Court may arise in so far as the petitioners alone are concerned. 7. It shall be open both for the Principal Secretary and the Registrar of the University to take necessary assistance from other officers who may also be permitted to participate in the deliberation for better appreciation and resolution.