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Jharkhand High Court · body

2017 DIGILAW 2040 (JHR)

Basid Ansari v. Ranchi University

2017-11-25

PRAMATH PATNAIK

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JUDGMENT : Pramath Patnaik, J. In the instant writ application, the petitioners have sought for a direction to the respondents for release of salary from July, 1991 till April, 1995 and a part of the salary of May and June, 1991, which were not paid to the petitioners notwithstanding the orders passed by this Court in different writ applications. 2. The brief facts, as has been described in the writ application, is that earlier all the petitioners of the instant writ application have filed four separate writ petitions bearing C.W.J.C. No. 1907 of 1994 (R), C.W.J.C. No. 1910 of 1994 (R), C.W.J.C. No. 308 of 1995 (R) and C.W.J.C. No. 152 of 1995 (R), which were disposed of with a direction for release of the salary, as evident from Annexure-1 to the writ application. The petitioners having been appointed by the Governing body of the College on Grade III sanctioned posts and after being duly appointed, they have been working regularly to the utmost satisfaction of the respondents 2 authorities as per Annexure-2 series. It is relevant to mention that the College was a privately managed institution, which was affiliated College under the Ranchi University, therefore, the governing body of the College used to make appointments and administer the College in all respects. In the year 1986, the Government of Bihar by entering into an agreement with the Mandar College took over the said college. In pursuance to the order, passed vide Annexure-1 series, the University started paying the salary of the petitioners regularly after May, 1995 but the arrears of salary of the petitioners from July, 1991 to April, 1995 and some part of the salary for the month of May and June, 1991 were not paid to the petitioners for which the petitioners submitted representations before the Ranchi University and the College as well. After receipt of the representation, the Mandar College authorities forwarded the same to the Ranchi University calculating the amounts of arrears of salary of the petitioners as per Annexure-5 to the writ petition. In the year 1986, several Colleges including the Mandar College became the constituent College of the Ranchi University and the Hon'ble Supreme Court appointed Hon'ble Mr. Justice Agarwal to scrutinize the issue of constituent units of the University of the undivided State of Bihar, which were taken over in the year 1986. In the year 1986, several Colleges including the Mandar College became the constituent College of the Ranchi University and the Hon'ble Supreme Court appointed Hon'ble Mr. Justice Agarwal to scrutinize the issue of constituent units of the University of the undivided State of Bihar, which were taken over in the year 1986. It has further been stated that before the scrutiny was made, the Ranchi University notified the list of non teaching staffs of Mandar College on 07.10.1988, wherein, the names of the petitioners found place against different posts, as evident from Annexure-6 to the writ petition. Justice Agarwal's Committee's Report, which has been accepted by the Hon'ble Apex Court also held that the appointment of the petitioners are genuine and against the sanctioned posts. Being aggrieved by the non-payment of the arrears of salary, the petitioners left with no other alternative and efficacious remedy, have been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of their grievances. 3. Controverting the averments made in the writ application, a counter affidavit on behalf of the respondent nos. 1 to 3 has been filed. It has been stated and submitted in the counter affidavit that the petitioners are the non-teaching employees of the Mandar College, a newly converted constituent College and absorption of teaching and non-teaching staffs of this College and other colleges have recently been concluded and in compliance of the direction of the Hon'ble Supreme Court of India, the services of the teaching and non-teaching staffs have been absorbed in the Ranchi University only recently. It has further been submitted that on perusal of Annexure-1 series, it would appear that the names of the petitioners did not appear in the list of the State Government and as such, the take over/working of the petitioners was under cloud and ultimately, in the light of the order dated 18.05.1995, passed by this Hon'ble Court, the respondents were directed to pay the current salary. So far as the claim of the petitioners that they worked from July, 1991 to April, 1995 and the salary for the months of May and June, 1991, it is stated that the assertion of the petitioners after 15 years cannot be examined by the respondents-University since the University does not maintain the old records for more than 12 to 15 years and moreover, the writ petition is liable to the dismissed on the ground of delay and laches. 4. A counter affidavit has been filed on behalf of the respondent No. 6, wherein, it has been submitted that the Department of Higher Education only decides the sanctity of the working employee on duly created sanctioned post and provides fund as grant in aid to the respondent-University. In the instant case of the petitioners, fixation of provisional pay of non-teaching Class III staffs has been done vide Memo dated 23.09.2011, as such, the University/College is to decide and calculate the claim of the petitioner as per Annexure-A to the counter affidavit. It has further been stated and submitted that so far as the release of arrears of salary of the petitioners is concerned, it is to be decided solely by the university concerned and pay accordingly, if any due is found out. However, the Department of Higher Education has directed Registrar, Ranchi University, Ranchi to clear the due of the petitioners vide Memo dated 18.08.2017 as per Annexure-B to the counter affidavit. 5. A supplementary affidavit has been filed by the petitioners, wherein, it has been submitted that the University issued Notification vide memo dated 07.10.1998, regularising the services of the petitioners. Further a notification has been issued by the University on 03.03.2005 under which the Vice-Chancellor in exercise of the powers vested under Section 4(14) of the J.S.U. Act, 2000, regularised the services of the petitioners. The follow up action has been taken vide order dated 30.12.2006 and for fixation of pay on 24.10.2011, further Notification was made and the letter has been issued by the Government on 23.09.2011 as per Annexure-7 series to the said affidavit. 6. The follow up action has been taken vide order dated 30.12.2006 and for fixation of pay on 24.10.2011, further Notification was made and the letter has been issued by the Government on 23.09.2011 as per Annexure-7 series to the said affidavit. 6. Learned senior counsel during course of hearing has submitted that on perusal of the writ application and on perusal of Annexure-5, letter dated 02.03.2000 of Mandar College, Mandar and the notification of the University as well as the Government as per Annexure-7 series to the supplementary affidavit, it would be quite apparent that the petitioners' services have been regularized from the date of their appointment, therefore, the action of the respondents in withholding the arrears of salary amounts to illegality, coupled with arbitrariness. 7. As against the submissions of the learned counsel for the petitioners, learned counsel for the Respondent-University has submitted that the claim of the petitioners being stale, are not entitled to arrears of salary due to delay and laches. 8. After hearing the rivalized submissions of the respective counsels and on perusal of the records, this Court feels inclined to direct the respondents and more particularly the respondent nos. 1 to 3 to consider the claim of the petitioners for payment of arrears of salary in the light of Annexure-5 to the writ application and the letter of the Director, Higher Education, dated 18.08.2017, addressed to the Ranchi University vide Annexure-B to the counter affidavit and steps should be taken for payment of the admissible arrears of salary of the petitioners within a period of 12 weeks from the date of receipt of a copy of the order. 9. With the aforesaid direction, the writ petition stands allowed. Petition allowed.