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2010 DIGILAW 639 (JHR)

Sunil Kumar Singh v. State Of Bihar

2010-05-24

DABBIRU GANESHRAO PATNAIK

body2010
JUDGMENT : D.G.R. Patnaik, J. In compliance with the order dated 12.05.2010, the Director, Higher Education, Government of Jharkhand has appeared in person in Court today. 2. A supplementary counter affidavit has been filed on behalf of the respondent State today stating therein that a sum of Rs. 39,72,466/ - has been sanctioned for payment to the seven petitioners of this writ application and necessary instructions have been issued for release of the payments accordingly. 3. The Director, Higher Education assures that the aforesaid sanctioned amount shall be positively delivered to the Registrar of the respondent Ranchi University latest by Saturday of this week. 4. Considering the assurances given the Director, the Registrar, Ranchi University is directed to release the amounts payable to the petitioners individually, as mentioned in Annexure-F dated 20.05.2010 annexed to the supplementary counter affidavit of the respondent State of Jharkhand, within one week from the date of receipt of the amount from the State Government. It is expected that after compliance of the above directions, the surviving grievances of the present petitioners would be finally redressed. 5. I.A. No. 3750 of 2009 filed on behalf of Sadguru Jagjeet Singh Namdhari College Teachers Association, Garhwa, I.A. No. 1488 of 2010 filed on behalf of the Association of non-teaching staff of the S.S.J.S.N. College, Garhwa and I.A. No. 1490 of 2010 filed by Kalika Prasad Singh, Lecturer, S.S.J.S.N. College, Garhwa have been pressed for hearing today. 6. Heard S/Sri Sohail Anwar, S.K. Pandey and Sanjay Kumar Tiwary in respect of each of these Interlocutory Applications. 7. Learned Counsel representing the applicants in the Interlocutory Applications submit that the applicants have sought to be impleaded in this writ application as intervenors as because their grievance is identical to that of the petitioners in this writ application in as much as, these intervenors have also not been paid their UGC arrears and the arrears of salary. 8. Learned Counsel explains that while hearing the arguments on behalf of the petitioners and the respondents, this Court had, on earlier occasions, felt inclined to consider the grievances of the other teaching and non-teaching staff of the S.S.J.S.N. College, Garhwa and had passed interim orders favourable to their interest. 8. Learned Counsel explains that while hearing the arguments on behalf of the petitioners and the respondents, this Court had, on earlier occasions, felt inclined to consider the grievances of the other teaching and non-teaching staff of the S.S.J.S.N. College, Garhwa and had passed interim orders favourable to their interest. Learned Counsel submits that it would be appropriate therefore to allow the applicants of these Interlocutory Applications to be included as intervenors/respondents for enabling the benefits of the interim orders as also the final orders passed in this writ application which may be favourable to them. 9. Learned Counsel for the respondents would not raise objections for allowing the applicants to intervene. 10. Considering the submissions as also the issues raised in this writ application, the prayer of the applicants in the Interlocutory Applications, for allowing them to intervene in this writ application is allowed. 11. The above mentioned Interlocutory Applications are disposed of accordingly. 12. Learned Counsel for the respondent State submits in respect of the claim for payment of UGC arrears raised by the other teachers and the claim for arrears of salary raised by the non-teaching staff of the S.S.J.S.N. College, Garhwa, which is presently under the Nilambar Pitambar University, that earlier, a sum of Rs. 2,46,84,224/ - has already been released by the State Government for payment of arrears of the teachers of the various colleges which are presently under the Nilambar Pitambar University and which includes the teachers of the S.S.J.S.N. College, Garhwa and as per his information, the said amount has since been disbursed through the Ranchi University. 13. Learned Counsel for the intervenors would submit, on the other hand, that the above statement of the counsel for the respondent State appears to be misleading. Sri Sohail Anwar, learned Counsel for the other teachers of the S.S.J.S.N. College, Garhwa, points out to a requisition dated 06.09.2009 forwarded by the Registrar, Nilambar Pitambar University and addressed to the Director, Higher Education, whereby a sum of Rs. 14 crores approximately has been demanded for payment of arrears to the teachers of the S.S.J.S.N. College, Garhwa which amount relates to the claim for payment of UGC arrears for two different periods namely the period between 01.01.1996 to 31.03.2000 and the period between 01.04.2000 to 31.03.2007. The requisition also refers to a demand for allotment of another sum of Rs. The requisition also refers to a demand for allotment of another sum of Rs. 5,09,21,273/ - for payment of arrears of salary to the non-teaching staff of the said college. Learned Counsel submits further that against the aforesaid total demand of approximately Rs. 20 crores, the State Government has released only Rs. 2,46,84,224/ - and a further sum of Rs. 39 lacs, as indicated in the supplementary counter affidavit filed by the respondent State today. 14. The Director, Higher Education explains that there appears a miscalculation on the part of the University when it had forwarded the requisition demanding allotment of funds. The Director explains further that as per the earlier requisition received from the Ranchi University and the Nilambar Pitambar University and also from the other universities of the State of Jharkhand, the Central Government was called upon to allot the funds towards the UGC arrears and in response, a sum of Rs. 40 crores was received from the Central Government and after adding 20% to such amount as contribution to be made by the State Government, the total amount has been distributed amongst the various universities in the State of Jharkhand to enable payment of arrears of the UGC salaries to the teachers. 15. It is further explained by the Director, Higher Education that as it appears from the demand made by the Nilambar Pitambar University relating to the arrears of salary for the non-teaching staff, the assessment of the amount has been made on the basis of the recommendations of the 5th Pay Commission which the university has fixed from its side and has forwarded its recommendation to the State Government for compliance. The Director explains further that the Pay Fixation Committee which has been constituted, is already in the process of fixing the pay scales of the non-teaching staff of the several colleges under the various universities in the State of Jharkhand and up till now, pay fixation has been done in respect of 22, out of 45 colleges and it is expected that the pay fixation in respect of the remaining colleges would be completed by 30th June, 2010. After the pay fixation is made by the Committee, both the University as also the State Government, would have to re-assess the entire amount of arrears payable to the non-teaching staff and after such assessment is made, the assessed amount would be released by the State Government not only to the S.S.J.S.N. College, Garhwa but also to the several other colleges whose non-teaching staff also have not received the payment of their arrears of salary. 16. The Director further informs that the fresh requisition for UGC arrear has been received in respect of the teachers of the S.S.J.S.N. College, Garhwa, and similar requisitions are expected from the other colleges under the various universities as well and after receiving the requisitions, the demand for the release of UGC funds of the total amount will have to be made since such demands cannot be made piecemeal in respect of individual colleges. 17. Sri Anoop Kumar Mehta, learned Counsel for the Ranchi University explains that the latest requisition as forwarded by the Registrar, Nilambar Pitambar University appears to be on the basis of the assessment of the total amount required, consequent upon the revised UGC Scales of the teachers and therefore the enhanced demand for allotment of Rs. 14 crores has been made for the teachers of the S.S.J.S.N. College, Garhwa. 18. Replying to the objections raised in the Interlocutory Application filed on behalf of the Nilambar Pitambar University against the directions issued for disbursing the payments to the petitioners herein, Sri A.K. Mehta would invite attention to a requisition forwarded by the Registrar, Nilambar Pitambar University to the State Government for sanctioning a sum of Rs. 79,34,580/ -, which was meant to be released to the petitioners herein and in response, the same was allotted by the State Government and subsequently received by the Registrar of the said University. Learned Counsel argues that the Registrar, Nilambar Pitambar University cannot therefore now turn around and say that it is not the liability and responsibility of the Nilambar Pitambar University to disburse the -" amount to the petitioners and the plea that the petitioners, except one, are presently working under the Ranchi University. 19. Learned Counsel argues that the Registrar, Nilambar Pitambar University cannot therefore now turn around and say that it is not the liability and responsibility of the Nilambar Pitambar University to disburse the -" amount to the petitioners and the plea that the petitioners, except one, are presently working under the Ranchi University. 19. Sri Mehta informs further that the process of assessing the amount towards UGC arrears in respect of the colleges under the various universities has already been initiated and the total requisitions from all the universities is expected to be forwarded shortly to the State Government. 20. Considering the entire facts and circumstances, the State Government in the concerned department is directed to obtain the requisitions from all the universities under it in respect of the demand of the teachers towards payment of UGC arrears and payment of arrears of salary on the proposed revised scales of the non-teaching staff within two months and after obtaining the total figure, ensure that the requisition is forwarded to the Central Government for release of the UGC grants corresponding to the share of the Central Government and also make necessary arrangements of its own for meeting the demand, not only towards the UGC arrears but also towards the arrears of salary of the non-teaching staff. It is expected that the total required amount for payment of arrears of salary to the non-teaching staff and the UGC arrears to the teachers of the various universities of the State of Jharkhand would be made within the next six months. 21. Let this case be posted after six months under the same heading. 22. The personal appearance of the Director, Higher Education, Government of Jharkhand, Ranchi is dispensed with. 23. Let a copy of this order be given to the counsel for the respondents. Order accordingly.