Patna High Court CWJC No.3970 of 2009 (5) dt.12-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3970 of 2009 ====================================================== 1.Ashok Singh 2. Md. Arshad 3.Purandar Mishra 4.Vishwanath Mahto .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Siya Ram Shahi Mr. Anjani Kumar Mishra For the Respondent/s : Mr. (Ga8)_ Mr. S.Iqbal Ahmad ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 12-09-2011 Heard counsels for the petitioners, State, Patna University and N.I.T. The matter relates to payment of difference of arrears of salary of all four petitioners for the period in between 1.1.1990 to 27.1.2004 under the revised pay scale. Petitioners were appointed on Class III and Class IV posts by the Managing Committee of Centre for Water Resources Studies ( For short ‘CWRS’). They have been confirmed on their posts and being paid their salary. CWRS was established in December, 1981 in the then Bihar College of Engineering, Patna on the basis of proposal made by the Patna University on 14.9.1979 and on the Patna High Court CWJC No.3970 of 2009 (5) dt.12-09-2011 basis of report of the Committee constituted by the University Grants Commission. The CWRS was self funding Institution and for recurring and non-recurring expenditures the fund has to be provided either by the Patna University or the State Government. The Bihar College of Engineering, as per the Notification of Ministry of Human Resources Development Department of Secondary and Higher Education, Government of India was taken over and re-christened National Institute of Technology. Notification to this regard was issued on 28.1.2004. The Director, N.I.T. Patna controlled the administration of the National Institute of Technology. The payment of salary, current as well as the arrears with effect from 28.1.2004 of the employees of CWRS is to be paid by the NIT, Patna, in terms of compromise order passed in SLP (civil) No. 19811 of 2006. But, so far payment with regard to the period 1.1.1990 to 27.1.2004 is concerned, that is the disputed area and for payment of arrears of salary for this period, petitioners have filed this writ application. Counter affidavits have been filed by the Patna University, NIT,Patna and also by the State. The Registrar of the Patna University in its counter affidavit had stated that the petitioners were the employees of Patna High Court CWJC No.3970 of 2009 (5) dt.12-09-2011 CWRS, which was under erstwhile Bihar College of Engineering as self financing Institute. The payment of arrears of difference of salary in the revised pay scale, for the period in question has to be made from CWRS fund. It has also been stated that so far details of petitioners’ claim is concerned, for that the University has made a request for submitting its report. Petitioners’ in reply to the counter affidavit filed on behalf of the Patna University have stated that vide letter no. 296 dated 12.2.2004 the Registrar of Patna University has informed the Manager, Allahabad Bank, (Patna University Branch) and other bankes that money lying in different accounts of Bihar College of Engineering and department of CWRS being part of consolidated fund of Patna University, under Section 46 of the Patna University Act, henceforth its’ termination by any one should be kept on hold. Bankers were requested not to allow any one to any transactions from the Bank account of Bihar College of Engineering. In the matters of CWRS there was specific request that the CWRS should not be allowed to make any transaction out of those accounts, till the matter is finally settled in between the Patna University and others. Petitioners’ case is that since the account of CWRS is being controlled by the Patna University, on account of letter Patna High Court CWJC No.3970 of 2009 (5) dt.12-09-2011 dated 12.2.2004, as such the Patna University is responsible for making payment of arrears of salary to the petitioners in the revised pay scale, out of the fund of CWRS. The NIT in its counter affidavit has stated that it has no role to play in the matters of the payment of current as well as arrears of salary from January, 1990 to 27.1.2004 because all Personnel of CWRS, operating under Patna University, were employees of a self financing body and not a part of Bihar College of Engineering. So far the NIT is concerned, it has no responsibility, for payment of any period prior to 28.1.2004 as per the Government notification dated 28.1.2004. Considering these facts, I find that the CWRS was self financing Institution and it had it’s own fund lying in its account from which payment of salary used to be made to its employees. Since that account, at present is being controlled by the Patna University, as such the problem can be resolved only by issuing a direction to Patna University to release the fund in favour of HOD, Civil Engineering, NIT, Patna and HOD, CWRS. The HOD Civil Engineering, NIT; CWRS will make payment of arrears of salary to the petitioners for the period 1.1.1990 to 27.1.2004. The Registrar, Patna University, will issue a letter Patna High Court CWJC No.3970 of 2009 (5) dt.12-09-2011 requesting Bank Manager of concerned Banks, where CWRS has its’ Bank Accounts, to allow the HOD, Civil Engineering, NIT, HOD, CWRS to make transaction from such Bank Accounts. An authorization letter will also be issued, by the Registrar, Patna University in favour of HOD, Civil Engineering, NIT, HOD, CWRS, authorizing him to make transaction. Letters must be issued by Patna University within one week of the receipt/communication of this order. The H.O.G., Civil Engineering NIT/ HOD, CWRS will make payment of entire arrears of salary to the petitioner for the period 1.1.1990 to 27.1.2004, without any further delay. Writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)