LETTERS PATENT APPEAL No.55 OF 2004 ------ Against the judgment and order dated 19.02.2003 passed in C.W.J.C. No. 8302 of 2002 by Hon’ble Mr. Justice Narayan Roy. --------- 1. The State of Bihar through the Agriculture Production Commissioner, Government of Bihar, Agriculture Department, having his office at Vikas Bhawan, Police Station Sachivalaya, District Patna. 2. The Joint Secretary, Government of Bihar, Agriculture Department, having his office at Vikas Bhawan, Police Station Sachivalaya, District Patna. 3. The Secretary-cum-Commissioner, Finance Department, Government of Bihar, having his office in old Secretariat Compound, Police Station Sachivalaya, District Patna. --- Appellants/Respondents. Versus 1. Pramod Prasad Rana, son of Late Sukhdeo Prasad Rana, resident of Quarter No. C/3, Mithapur Agriculture Farm, Patna, Police Station Jakkanpur, District Patna, at Present posted as Assistant Agricultural Research Institute, Lohiya Nagar, Patna- 20. 2. Shyam Das Yadav, son of late Basant Gope, resident of Mohalla Gewal Toli, Post Office Patna City, Police Station Khajekallan, District Patna. 3. Sri Iftekhar Ahmad, son of late Md. Abul Khair, resident of Mohalla Khasganj, Post Office Sohsarai, P.S. Biharsharif, District Nalanda. 4. Rana Pratap Singh, son of Late A.B. Singh, resident of village Naya Tola . Post Office Yearpur, P.S. Maner, District Patna. 5. Ram Kishore Mishra, son of Late Radha Prasad Mishra, resident of Quarter No. C Mithapur Agricultural Farm, 2 Patna, Police Station Jakkanpur, District Patna, at present posted as Assistant in Agricultural Research Institute, Lohiyanagar, Patna- 20. 6. Ram Jatan Singh, son of late Mishri Singh, resident of village Dhelwan, Police Station Phulwarisharif, Post Office- Dhelwan, Via Lohiyanagar, District Patna. 7. Sanjit Sinha Choudhary son of late Sarokakasha Sinha, resident of Quarter No. L.I.G. 6/195, Police Station Lohiyanagar, Post Office Hanuman Nagar, Patna-20. 8. Bijendra Kumar Sinha, son of late Sheo Prasad Sinha, resident of village Bhelwara, Police Station Gaurichak, District Patna. 9. Panna Lal Bhatt, son of Sri Vinod Roy, resident of Mohalla North Mandiri, near Dwarika High School, Police Station Kotwali, District Patna. 10. Rajendra Prasad Singh, son of late Rupan Singh, resident of Quarter No. C/2/1 Mithapur Agricultural Farm, Post Office G.P.O., Patna, Police Station Jakkanpur, District Patna. 11. Abdul Quddus Khan, son of late Nasrullah Khan, resident of Mohalla Isapur, Phulwarisharif, Police Station Phulwarisharif, District Patna. 12. Bhuneshwar Singh, son of Sri Bisheshwar Singh, resident of village Lakhisarai, P.S. Ghoshi, District Jehanabad. ---Petitioners/ Respondents Ist Set. 13. The Rajendra Agricultural University through the Registrar, having his office at Pusa, Samastipur. 14. The Vice-Chancellor, Rajendra Agricultural University, having his office at Pusa, Samastipur. 15. The Comptroller, Rajendra Agricultural University, having his office at Pusa, District Samastipur. 3 16. The Director Administration, Rajendra Agricultural University, having his office at Pusa, Samastipur – Respondents/ Respsondents (2nd Set.) WITH LPA No.52 oF 2004 1. The State of Bihar through the Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, Vikas Bhawan, Patna. 2. The Additional Finance Commissioner ( Expenses ), Finance Department, Government of Bihar, Patna.--- Appellants/Respondents. Versus 1. Shankar Mistri son of late Lakhkhi Mistri, resident of village Paschim Tola Bholshar, Post Office Ekchari, Police Station Kashigaon, District Bhagalpur, at present posted as Accountant, Regional Research Station, Agwanpur Police Station and District Saharsa. – Respondents/petitioners ( Ist Set. ) 2. The Vice Chancellor, Rajendra Agricultural University, Pusa, District Samastipur. 3. The Rajendra Agriculture University Bihar, Pusa, District Samastipur through the Registrar. 4. The Director (Administration), Rajendra Agriculture University, Bihar, Pusa, District Samastipur. 5. The Comptroller, Rajendra Agriculture University, Bihar, Pusaa, Districtr Samastipur. 6. Associate Director ( Research), Regional Research Station, Agwanpur Saharsa, under Rajendra Agriculture University, Bihar, Pusa, District Samastipur. 7. Training Organisation, Krishi Vigyan Kendra Agwanpur, District Saharsa under Rajendra Agriculture University, Bihar, Pusa, District Samastipur. – Respondents/ Respondents (2nd Set.). WITH 4 LPA No.56 oF 2004 1. The State of Bihar through the Agriculture Production Commissioner-cum- Secretary, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 2. The Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 3. The Director of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 4. The Joint Secretary, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 5. The Finance Commissioner, Department of Finance, Government of Bihar, Old Secretariat, Patna. – Appellants/Respondents. Versus 1. Rajendra Poddar son of Late Anand Lal Poddar, resident of village and Post office Deopar, P.S. Pusa, District Samastipur, at present Head-Clerk, Tirhut Collector of Agriculture, Dholi, District Muzaffarpur. 2. Ram Dayal Roy son of late Munilal Roy, resident of Village and Post Office Harpur, Police Station Pusa, District Samastipur, retired Head Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 3. Naresh Singh son of Late Ram Lalit Singh, Resident of village and Post office Maur, Police Station Barbigha, District Sheikhpura, at present Head Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 4. Shivesh Chandra Prasad son of late Ram Chandra Prasad, resident of village Alisarai, post office Machahi, P.S. Sakra, District Muzaffarpur, a retired senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 5 5. Ram Nandan Chaudhary son of Bihari Lal Chaudhary, resident of village and Post Office Dholi, P.S. Sakra, District Muzaffarpur, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 6. Satish Kumar Singh son of late Diwakar Singh, resident of village and P.O. Dholi, P.S. Sakra, District Muzaffarpur, at present Senior Clerk, Tirbut College of Agriculture, Dholi, District Muzaffarpur. 7. Kripa Shankar Pathak son of late Jagannath Pathak, resident of village Barauni Block No.2, Barauni Deorhi, District Begusarai, at present Head Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 8. Dayanand Prasad Singh, son of Late Yugal Prasad Singh, resident of village Norut, P.O. Norut, District Nalanda, at present Store-keeper, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 9. Bishundeo Rai son of late Shivadhari Rai, resident of village and P.O. Mirapur, P.S. Sakra, District Muzaffarpur, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 10. Ram Narayan Prasad Sisngh son of Late Jagdamba Prasad Singh, resident of village and P.O. Neknampur, District Muzaffarpur, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 11. Ram Narayan Chaudhary son of late Jai Kishun Chaudhary, resident of village Neema Chakhaider, P.O. Janardanpur, P.S. Kalyanpur, District Samastipur, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 12. Satya Narayan Thakur son of late Jang Bahadur Thakur, resident of Village Narayanpur, P.O. and P.S. Pusa, District Samastipur, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 6 13. Kumar Lal Ram son of Late Lal Bahadur Ram, resident of village and P.O. Mordiva, P.S. and District Samastipur, a retired Administrative Officer, Sugarcane Research Institute, Pusa, District Samastipur. 14. Madhusudan Tiwari son of late Benimadhav Tiwary, resident of village and P.O. Mirzapur, District Gopalganj, at present Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 15. Ram Chandra Ray, son of Chalitra Rai, resident of Village and P.O. Harpur Pusa, P.S. Pusa, District Samastipur. 16. Bindeshwar Poddar son of Late Ram Lagan Poddar, resident of village and P.O. Saidpur, P.S. Pusa, District Samastipur, at present Head Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 17. Shambhu Prasad Singh, son of late Janki Nandan Prasad Singh, resident of village and P.O. Gangia, P.S. Katra, District Muzaffarpur, at present a retired Senior Clerk, Tirhut College of Agriculture, Dholi, District Muzaffarpur.— Respondents/Petitioners (Ist Set.) 18. The Rajendra Agricultural University, Bihar through its Registrar, having his Headquarters at Pusa, District Samastipur. 19. The Vice-Chancellor, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 20. The Comptroller, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 21. The Director of Administration, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 22. The Associate Dean-cum- Principal, Tirhut College of Agriculture, Dholi, District Muzaffarpur. 23. The Director, Sugarcane Research Institute, Pusa, District Samastipur. 7 24. The Assistant Comtroller, Budget, Rajendra Agricultural University, Headquarters, P.O. Pusa, District Samastipur. Respondents/ Respondents ( Second Set ) WITH LPA No.57 oF 2004 1. The State of Bihar through the Agriculture Production Commissioner-cum-Secretary, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 2. The Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 3. The Director of Agriculture, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 4. The Joint Secretary, Department of Agriculture, Government of Bihar, New Secretariat, Bailey Road, Patna. 5. The Finance Commissioner, Department of Finance, Government of Bihar, Old Secretariat, Patna. – Appellants/ Respondents. Versus 1. Chandra Shekhar Kumar son of Shri Suryadeo Kumar, resident of village- Sabour Estate, P.O. and P.S. Sabour, District Bhagalpur, at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 2. Krishna Murari Verma son of late Sadho Verma, resident of village Station Chowk, Sabour, P.O. and P.S. Sabour, District Bhagalpur at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 3. Jai Prakash Mandal son of late Shyam Mandal, resident of village Vijay Ghat, P.O. Dholbaja Bazar, P.S. – District Bhagalpur, at present clerk, Bihar Agriculture College, Sabour, Bhagalpur. 8 4. Visyat Krishneshwar Prasad Son of Late Maheshwar Prasad, resident of village P.O. and P.S. Ishaquecha, District Bhagalpur at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 5. Ram Bharosa Yadav son of Late Laxman Yadav, resident of village Mirzapur, P.O. and P.S. Sabour, District Bhagalpur at present clerk, Bihar Agriculture College, Sabour, Bhagalpur. 6. Dineshwar Mandal son of late Gayadhar Mandal, resident of village Prem Nagar, P.O. and P.S. Sabour, District Bhagalpur, at present Head Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 7. Yogendra Prasad Jha son of Sadanand Jha, resident of village Lakhnaudi, P.S. and District Banka, at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 8. Ramesh Chandra Jha son of Jyotish Chandra Jha, resident of Bihar Agriculture College Campur, P.O. and P.S. Sabour, Bhagalpur, at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 9. Md. Ansar Ahmad son of Late Izharul Haque, resident of village Rajpur, P.O. Alinagar Rajpur, P.S. Sabour, District Bhagalpur, at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 10. Tarak Nath Sorkhel son of Nonigopal Sorkhel, resident of village and P.O. Champanagar, P.S. Nathnagar, District Bhagalpur. 11. Maesh Prasad Sah, son of Late Mahabir Prasad Sah, resident of Mohalla Bhikanpur Gumti No.2, Farangi Rai Lane, B Bhagalpur, at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 12. Ramadhar Singh, son of Late Ram Nandan Singh, resident of village Sabour, P.O. Sabour, P.S. Sabour, 9 District Bhagalpur, a retired clerk of Bihar Agriculture College, Sabour, Bhagalpur. 13. Shiv Narain Sah son of Late Vishnu Sah, resident of village Fatehpur, P.O. Sabour, P.S. Sabour, District Bhagalpur, a retired clerk, Bihar Agriculture College, Sabour, Bhagalpur. 14. Birendra Prasad Singh son of late Sahdeo Singh, resident of village Jamasi, P.O. Agarpur, P.S. Lodipur, District Bhagalpur at present Accountant, Bihar Agriculture College, Sabour, Bhagalpur. 15. Chunchun Mandal son of late Mansar Mandal, resident of village and P.O. Farka, P.s. Sabour, District Bhagalpur, a retired clerk, Bihar Agriculture College, Sabour, Bhagalpur. 16. Viveka Nand Mishra son of late Chhote Lal Mishra, resident of village Shivaydih, P.O. Pragadi, P.s. Sabour, District Bhagalpur at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 17. Md. Equbal, son of late Sheikh Rasool, resident of village Rajpur, P.O. and P.S. Sabour, District Bhagalpur. 18. Aman Kumar son of late Hriday Narain Singh, resident of village Khanketta, P.O. and P.S. Sabour, District Bhagalpur at present Clerk, Bihar Agriculture College, Sabour, Bhagalpur. 19. Suresh Narain Lal son of not known to the appellants, resident of villagte Bour, P.O. Rasiari, P.S. Biraul, District Darbhanga, at present clerk, Bihar Agriculture College, Sabour, Bhagalpur. 20. The Rajendra Agricultural University, Bihar through its Registrar, having his Headquarters at Pusa, District Samastipur. 21. The Vice-Chancellor, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 10 22. The Comptroller, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 23. The Director of Administration, Rajendra Agricultural University, Bihar, P.O. Pusa, District Samastipur. 24. The Assistant Comptroller, Budge, Rajendra Agriculture University, Headquarters, P.O. Pusa, District Samastipur. 25. The Associate Dean-cum- Principal, Bihar Agriculture College, Sabour, Bhagalpur. 26. The Chief Soil Survey Officer, Bihar, Agriculture College, Sabour, Bhagalpur. --- Respondents/ Petitioners ( 2nd Set ) --------- For the appellants : Mr. S.Arshad Alam (SC-4) with Md. Fakhruddin Ali Ahmad( A.C. to SC-4). For Respondent No. 1 (in L.P.A. No. 52 of 2004): Mr. Suresh Chandra Giri, Advocate. For respondents (in L.P.A. Nos. 55,56 & 57 of 2004) : Mr. Mukeshwar Dayal with Mr. Daya Shankar Pd. Sinha, Advocates. --------- P R E S E N T THE HON'BLE MR. JUSTICE S.K.KATRIAR THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA S.K.Katriar,J : The State of Bihar has preferred these appeals under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the judgment dated 19.02.2003, passed by a learned Single Judge of this Court, whereby C.W.J.C. No. 8302 of 2002, the three analogous writ petitions have been allowed, and the authorities have been directed to pay upgraded pay scales to the Ministerial staff of the Rajendra Agricultural University 11 (hereinafter referred to as ―the University‖), at par with the employees of the Birsa Agricultural University. 2. Learned counsel for the appellants has not been able to advance any submissions in support of these appeals. Learned counsel for the respondents has supported the judgment of the learned writ Court. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The writ petitioners are Ministerial Staff (Clerks, head clerks, accountants, clerks-cum- typist) in the University and their pay- scales were upgraded from time to time. By notifications dated 05.06.1998 and 12.03.1999, the University cancelled the pay scales granted to its employees and issued directions for recovery of excess amounts paid to them. Some of the aggrieved employees approached this Court in C.W.J.C. No. 3900 of 1999, and the analogous writ petitions, which were allowed by order dated 05.12.2001, the impugned orders were set aside, and the matter was remitted to the Agricultural Production Commissioner to consider the matter afresh with a view to implement the upgraded pay scales and to take decision in accordance with law. He considered the issues and issued orders dated 02.03.2002 and 12.04.2002, whereby the earlier orders set aside in C. W. J. C. No. 3900 of 1999, were reiterated, and impugned in the present batch of writ petitions. 4. The Learned Single Judge has disposed of the four writ petitions by a common judgment impugned herein, whereby it has been held that the issues have already been decided by this 12 Court in C.W.J.C. No. 3900 of 1999, and it has been held that the University situate in the present State of Bihar, as well as Birsa Agricultural University situate in the present State of Jharkhand, are governed by the same Act, namely, Bihar Agricultural Universities Act 1987, even after the enforcement of the Bihar Re- organization Act 2000, whereby and whereunder the State of Jharkhand has been carved out of the undivided State of Bihar. It has been further noticed that the employees in a situation like the one in hand, where both the colleges are governed by the same Act, upgraded pay scales were granted to the employees of the two Universities under the Act which continues to govern both of them, and were granted in the time of the undivided State of Bihar, there is no justification to downgrade the pay scale of the employees of the University. This is not only in violation of Articles 14 and 16 of the Constitution, but is also in violation of the earlier order of this Court in C.W.J.C. No. 3900 of 1999. Therefore, parity of scales had to be maintained with respect to employees of the same category in both the Universities because both continue to be governed by the same Act of the Legislature. We are mindful of the position that the two Universities are now in two different States, but it would not derogate from the position that both continue to be governed by the same Act. The learned Single Judge has further noticed that the authorities were duty- bound to approve the resolution of the syndicate under the Bihar Agricultural Universities Act, as the preamble of the Act is applicable to both the Universities for maintenance of standards of teaching and financial management, and service conditions of the employees of the two Universities. 13 Learned Single Judge has also noticed that the issues had been decided to this effect in the earlier writ petition bearing C.W.J.C. No. 3900 of 1999. The impugned order is in violation of that judgment which has attained finality. Consequently, the writ petition has been allowed, and the impugned orders have been set aside. 5. We entirely agree with the discussion and the findings given in the judgment of the learned Single Judge. For the reasons assigned in the judgment of the writ court and summarized hereinabove, we dismiss these appeals. Birendra Prasad Verma, J :I agree. Patna High Court Dated, the 19th Agust, 2010 BTiwaryN.A.F.R. ( S. K. Katriar, J ) ( Birendra Prasad Verma, J)