IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.629 of 2006 DR.BIPUL KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 9. 24.06.2008 Heard the learned Counsel for the petitioners, the learned Counsel for the State and the learned Counsel appearing on behalf of the Bihar Public Service Commission.. The petitioners at the relevant time were appointed in the Dhanwantri Ayurvedic College, Arauli at Buxar when it was run by a private management in the years 1981-82. The State Government then promulgated Bihar Private College (Indian System of Medicine Takeover) Act 1985 (hereinafter called ‘Act’). In pursuance of a notification dated 9.12.1983 the management of the aforesaid college along with the staff was taken over by the government and who became government servants with effect from 1.6.1086. Under the provisions of the aforesaid Act a Screening Committee was constituted which gave its recommendation in terms of Section 6 of the Act with regard to the validity of the appointment when the State Government issued a consequent notification under the Act on 29.8.2003 conferring validity upon the appointment of the petitioners in terms of the recommendation of the Screening Committee and affirmed status of Government Servant upon them which also came to be approved by the cabinet. It appears that since the petitioners came to acquire the status of gazetted government servants, the concurrence of the Bihar Public Service Commission was necessary. The order dated 29.8.2003 therefore qualified that the petitioners were being absorbed on ad hoc 2 basis and that they would be confirmed upon receipt of the recommendation of the Bihar Public Service Commission. The grievance of the petitioners is that despite the order darted 29.8.2003 they have yet not been paid their salary and no increments have also been granted to them for which they have filed a representation. The allegation of discrimination under Article 14 has also been specifically pleaded supported by Annexure 3 to the supplementary affidavit when in like circumstances certain others whose services were also taken over under the aforesaid Act have been granted regular pay scale and their salary has been released. A counter affidavit has been filed on behalf of the respondent State. It states that the petitioners would be permanently absorbed after receipt of the recommendation of the Bihar Public Service Commission. In so far as payment of salary is concerned a report had been sought for from the Principal of the College, presently Respondent no. 4 and on receipt of the report the Finance Department would be required to sanction the amount. Though the counter affidavit has been filed in September 2007 no development seems to have occurred on this aspect of the matter. A separate counter affidavit has been filed on behalf of Bihar Public Service Commission. It states that the proposal received from the State Government with regard to the petitioners was incomplete and lacking in certain aspects because of which queries were made from the State Government as far back as 3.5.2005 followed by reminders in September 2005 and August 2006 when having failed to 3 evoke any response the Commission finally returned the proposal to the respondents on 15.2.2007. On facts the issue of the claim for arrears of salary and confirmation are different aspects. In so far as the claim for salary is concerned, it virtually stands admitted by the respondent State. Once the recommendation of the Screening Committee has been accepted by the State Government under Section 6 of the Act and necessary notification issued, cabinet approval granted, there can be no justification for denial of salary, additionally this Court finds substance in the contention of the petitioners of discrimination under Article 14 when salary has been paid to certain others whose services were likewise taken over under the aforesaid Act. No plausible explanation has been given in the counter affidavit for non payment of salary. This Court therefore directs the respondents 1 to 4 to pay the entire arrears of salary of the petitioners from 1.6.1986 within a maximum period of five months from the date of receipt and/or production of a copy of this order. The respondents as aforesaid are further directed to ensure that the petitioners are paid their regular salary commencing from the month of August 2008 and that the same is paid promptly every month. In so far as the matter of confirmation is concerned, this Court considers it proper, at this stage, to direct the State respondents to forward the necessary proposal with all requisite information as sought for by Bihar Public Service Commission within a maximum period of three months from the date of receipt and/or production of a copy of this order and upon which the Commission is directed to take 4 appropriate decision within three months from the date of receipt of such proposal. This application stands allowed. Snkumar/- (Navin Sinha,J.)