IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.407 of 2010 ***** The State of Bihar through the Secretary, Higher Education, New Secretariat, Government of Bihar, Patna. …. …. Appellant/Respondent Versus 1. Smt. Renu Verma, wife of late Bijay Krishna, resident of Mohalla- Ration Ki Gali, Near Chitragupta Nagar, Post Office and Police Station-Patrakar Nagar, District-Patna. …. …. Respondent/Petitioner 2. The Secretary, Finance Department, Government of Bihar, Patna. 3. The Chairman, Bihar State University (Constitute College) Service Commission, Patna. 4. The Secretary, Bihar State University (Constitute College) Service Commission, Patna. …. …. Performa Respondents/Respondents ----------- 2. 9.3.2010. I.A. No. 2251 of 2010: - This is an application for condonation of delay of 269 days. Before adverting on the issue of notice in the matter of limitation we have felt it apt to dwell upon merits of the case. We have heard Mr. Maruth Nath Roy, learned counsel for the appellants. Criticizing the order passed by the learned Single Judge it is contended that he has fallen into grave error by expressing view that the employees of Bihar State University (Constituent Colleges) cannot be given retiral dues as they are not entitled to the benefit which is extended to the employees of - 2 - the State Government. The learned Single Judge has placed reliance on the order dated 8.7.2004 passed in C.W.J.C. No.8272 of 2002 wherein in a similar situation directions were issued for payment of retiral dues and such other benefits to which the State Government employees are entitled. After so holding the learned Single Judge has issued direction to the Principal Secretary, Department of Human Resources to take steps for authorization of the retiral dues, pension, family pension, as the case may be. Submission of learned counsel for the State is that the employees of erstwhile Bihar State University cannot be entitled to get the retiral benefit which is extended to the State Government employees. It is not in dispute that the State of Bihar constituted the Bihar State University (Constituent College) Service Commission and the said commission has been dissolved. The employees were thereafter employed by the State Government. On a query being made, learned counsel for the State could not point out as to how they have ceased to be the employees of the State Government. On a perusal of Rule-13 and notification dated 1.4.1964, it is quite clear that the benefits are extendable. For the sake of clarity we reproduce Rule-13 which is as under:- “The Scale of pay, rules of recruitment and - 3 - promotion and other conditions of service of the ministerial officers and the inferior staff of the Commission shall be similar to those prescribed for the corresponding posts in the Bihar Secretariat.” Rule 14 which is also relevant for the present purpose is as follows: “The authority which may impose any of the penalties prescribed in rule 2 of the Bihar Subordinate Services (Discipline and Appeal) Rules; 1935, shall be the Secretary, and the appellate authority shall be the Chairman.” In this context we may refer to section 7 of the Bihar State Universities (Constituent Colleges) Service Commission Act, 1987. The said provision reads as under:- “Determination of pay and allowances by the State Government:-The State Government will determine the terms and conditions of service including the pay and allowance etc. for the Chairman, Members, Secretary and staff according to the prescribed Rules.” In this context we may refer to order dated 4.10.2001 passed in C.W.J.C. No.11284 of 2001 wherein it has been held as follows:- “On the basis of Rule 13 contained a notification dated 1.4.1964 issued by the Education Department, Government of Bihar, an extract whereof has been annexed as Annexure-7, it has been submitted that the ministerial officer and inferior staff of the commission shall be governed by the same scales of pay, rules of recruitment and - 4 - promotion and other conditions of services as there prescribed for the corresponding posts in the Bihar Secretariat. On the basis of judgment and order of this court in some other cases contained in Annexures 8 and 9, it has further been submitted that in pass this court has allowed claim of post retrial benefits based upon Rule 13 Annexure-7 in the cases of similar employees belonging to College Service Commission. Reliance has also been placed upon Annexure-10, an office order dated 27.2.1996 issued by the Secretary of the Bihar College Service Commission, wherein the claim for pension etc. in accordance with notification dated 1.4.1964 has been admitted by the Commission.” Nothing has been brought on the record that said order has been challenged before the higher forum. In view of aforesaid, we do not perceive any error in the order of the learned Single Judge. Therefore, there is no justification to issue notice on the application for the purpose of condonation of delay. Accordingly, the application for condonation of delay stands rejected and as a natural corollary the appeal also stands dismissed. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)