Mohini Mohan Khan S/o Late Chandra Mohan Khan v. State of Bihar through Principal Secretary, Department of Education
2018-10-04
ANIL KUMAR UPADHYAY
body2018
DigiLaw.ai
JUDGMENT : ANIL KUMAR UPADHYAY, J. 1. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State as well as B.N. Mandal University (hereinafter referred to as the ‘University’). 2. The grievance of the petitioners in the instant writ application is against the objection raised by Pay Verification Cell in the matter of fixing the date of grant of promotion. 3. Petitioners were appointed as Lecturer in the college which was made constituent in the fourth phase. In relation to the fourth phase constituent colleges, the matter was taken to the Supreme Court and on reference by the Supreme Court, Justice S.C. Agrawal Commission (hereinafter referred to as the Agrawal Commission) inquired into the matter and submitted its exhaustive report wherein the Agrawal Commission has noted the date of initial appointment of incumbent teachers who were found eligible for absorption. The Agrawal Commission determined the date of initial appointment of the petitioners and contrary to the finding of the Agrawal Commission, which has been approved by the Apex Court, the Pay Fixation Cell has raised objection. 4. The issue as to competence of the Pay Verification Cell and sitting over the decision of the Agrawal Commission is no more res-integra. This Court has already held out that the Pay Verification Cell has absolutely no jurisdiction to tinker with the date determined by the Agrawal Commission and notified by the University. 5. In view of the aforesaid factual and legal position, the writ application is allowed and disposed of and the respondents are directed to treat the date determined by Justice S.C. Agrawal Commission as conclusive for the purpose of grant of all consequential benefit including the seniority and promotion and accordingly respondents are directed to take all corrective measures within a maximum period of three months from the date of receipt/production of a copy of this order.