IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16358 of 2011 Lallu Prasad, son of late Tegri Singh, resident of village Tarar, P.O. Tarar, P.S. Gar Nokha, District Rohtas-----------petitioner Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, S.D.Jain College, Ara------------respondents ---------------------------------- with Civil Writ Jurisdiction Case No.17653 of 2011 Suresh Kumar Singh, son of late Rishikesh Singh, resident of Mohalla Adarsh Nagar, P.O. & P.S. Nawada, District Bhojpur------------------------------------------------------petitioner Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, S.D.Jain College, Ara------------respondents ---------------------------------- with Civil Writ Jurisdiction Case No.16439 of 2011 Jai Bahadur, son of late Nageshwar Singh, resident of village Bhelai, P.S.Udwant Nagar, District Bhojpur-----------petitioner Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, S.D.Jain College, Ara------------respondents ---------------------------------- with Civil Writ Jurisdiction Case No.18268 of 2011 Dasain Prasad, son of late Kapur Chand Prasad, resident of village Kauria Halt, P.S. Bihia, P.O. Haridia, District Bhojpur- ----------------------------------------------------------------petitioner 2 Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, Maharaja College, Ara Bhojpur---- --respondents ---------------------------------- with Civil Writ Jurisdiction Case No.15655 of 2011 Girdhari Singh, son of Sri Ramashray Singh, resident of village Shreepur, P.O. Kaheri, P.S. Ayer, District Bhojpur---- ----petitioner Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, S.P.College, Sasaram, Rohtas---- -----respondents ---------------------------------- with Civil Writ Jurisdiction Case No.16768 of 2011 Lakshman Mishra, son of late Dr.S.N.Mishra, resident of Sharda Sivesh Sadan, Near Rupam Conema, P.S.Sadar, District Ara, Bhojpur--------------------------------------petitioner Versus 1.The State of Bihar 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, H.D.Jain College, Ara------------respondents ---------------------------------- with Civil Writ Jurisdiction Case No.16260 of 2011 Md.Sahid, son of late Jahid, resident of village Chalka, P.O. Ratanpug, P.S. Muffassil, District Bhojpur, Ara-----petitioner Versus 1.The State of Bihar 3 2.The Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna 3.Vir Kunwar Singh University, Ara through its Registrar 4.The Vice Chancellor, Vir Kunwar Singh University, Ara 5.The Registrar, Vir Kunwar Singh University, Ara 6.The Principal, S.D.Jain College, Ara------------respondents ---------------------------------- with Civil Writ Jurisdiction Case No.16764 of 2011 1.Paras Nath Ram, son of late Nanku Ram, resident of village & P.O. Bikramganj, P.S.Bikramganj, District Rohtas 2.Ramashish Singh, son of late Jai Bahadur Singh, resident of village Katyara, P.O. Dedhav, P.S. Dinara, District Rohtas 3.Rambadan Rai, son of late Baleshwar Rai, resident of village & P.O. Maniya, P.S. Bhawar Kol, District Gajipur 4.Yogendra Tanti, son of late Babuwan Das, resident of village & P.O. Siynabad, P.S.Somri Bakhtiyarpur, Districtr Saharsa 5.Rajendra Prasad Ram, son of late Shivmuni Paswan, resident of village Pureni Khurd, P.O. Hethua, Rajpur, P.S. Rajpur, District Buxar---------------------------------------------petitioners Versus 1.Veer Kunwar Singh University, Arrah, through its Registrar 2.The Vice Chancellor, Veer Kunwar Singh University, Arrah 3.The Registrar, Veer Kunwar Singh University, Arrah---- --- respondents ---------------------------------- For the petitioners in all the cases :M/S Sanjeev Kr.Mishra Abhinav Srivastava, Advocates For the State :Mr.Umesh Kumar, AC to G.P.1 Mr.Shyameshwar Kr.Singh, AC to G.P.12 Mr.Santosh Kumar, AC to G.P.9 Ms. Babita Kumari, AC to S.C.18 Mr.Manoj Jha, AC to G.A.1 Ms.Madhubala Verma, AC to G.A.2 For the University :Mr.Sarvadeo Singh & Mr.Manish Kumar, Advocates --------- 4 5 16.12.2011 In the order dated 5.12.2011 C.W.J.C.No.15655 of 2011 has wrongly been mentioned in the case heading although the said case was not listed in the cause list on that day and therefore the order dated 5.12.2011 shall be treated as not passed with respect to the said case. However, since normally the said case was coming with the batch cases therefore otherwise the said case would continue to be treated as analogous to the other cases. The order dated 5.12.2011 is modified to the above extent. Heard learned counsels for the petitioners and learned counsels for the State and for the University. All these petitioners are aggrieved by the office order dated 20.8.2011 issued under the signature of the Registrar, Veer Kunwar Singh University on the orders of the Vice-Chancellor by which the promotions granted to the petitioners pursuant to the order dated 21.11.2007 by the University has been cancelled. Those petitioners who are serving in the S.D.Jain College, Ara are further aggrieved by a letter dated 3.3.2011 issued by the Registrar of the University to the Principal of the college stating that the pay fixation of nine employees of the college who were 5 granted promotion vide order dated 21.11.2007 is being kept in abeyance for the present and they will continue to get their salaries as in the past. Learned counsels for the petitioners submit that the impugned order dated 20.8.2011 has been passed by the Vice Chancellor of the University without issuing any notices to the petitioners and providing them an opportunity of hearing although their rights had already been crystallized by order dated 21.11.2007 which has been passed on the basis of the report of the Statutory Promotion Committee of which the Vice Chancellor is also a Member. It is further submitted that the Vice Chancellor does not have power to pass such an order setting aside the promotion which has been granted on the basis of the recommendations of the Statutory Promotion Committee without taking recourse to the promotion procedure. Learned counsel for the University has sought to support the aforesaid order on the ground that various complaints have been made with respect to the promotion by the Association of the University Employees and thus the order ought not to be set aside. On a consideration of the order it is evident that 6 the same has been passed without complying with the principles of natural justice as the rights of the petitioners which they derive from the order dated 21.11.2007 by which promotion has been granted with immediate effect, could not have been taken away without complying with the principles of natural justice and following the due procedure. The same having not been done, the order cannot stand. It is, accordingly, quashed. Learned counsels for the petitioners submit that despite the passage of more than four years the benefit of the promotional pay is not being given to them for one reason or the other which is unfair and unjustified on the part of the authorities of the University. In the aforesaid circumstances, it is directed that if at all the authorities of the University wish to proceed further in the matter then they must do so in accordance with law after giving due opportunity to the concerned employees including giving reasons as to why their promotions were not valid and take a decision in the matter by passing a speaking order. Those of the petitioners in whose case it is found that the promotions were correctly given in accordance with law, should also be given the 7 benefit of the salary of the promotional post forthwith. Let the entire exercise in this regard be completed by passing a final order within a period of three months from the date of receipt/production of a copy of this order and thereafter whatever benefits of the promotional post with respect to salary and other admissible amount are payable to the petitioners the same should also be paid to them within a further period of three months thereafter. The writ applications are accordingly disposed of with the aforesaid observations and directions. Spal/ (Ramesh Kumar Datta, J.)