IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.78 of 2006 1. THE BHAGALPUR NATIONAL COLLEGE SHIKSHETTAR KARAMCHARI SANGH, THROUGH ITS SECRETARY, YOGENDRA MANDAL, S/O SRI SHUB LAL MANDAL, BHAGALPUR NATIONAL COLLEGE BHAGALPUR, TOWN AND DISTRICT-BHAGALPUR. 2. ARBIND KUMAR, S/O SRI MAHADEO KUMAR, PHYSICAL TRAINING INSTRUCTOR (CLASS III EMPLOYEE) B.N.COLLEGE, BHAGALPUR. 3. BHUPENDRA KUMAR, S/O LATE SHYAM LAL KUMAR, PEON (CLASS IV EMPLOYEE) B.N.COLLEGE, BHAGALPUR. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE FINANCE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HIGHER EDUCTION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5. THE TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR, HEARING AFTER REFERRED TO AS “THE UNIVERSITY” THROUGH ITS REGISTRAR. 6. THE VICE-CHANCELLOR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 7. THE REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 8. THE FINANCE OFFICER, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 9. THE PRINCIPAL, BHAGALPUR NATIONAL COLLEGE, BHAGALPUR. ………………RESPONDENTS. ----------- 8 21.04.2010 Heard learned senior counsel for the petitioner and Mr.Ghosh appearing for the University with able Assistance of Mr. Keshri. The Non-Teaching Employees Association of Bhagalpur National College and its office bearers have filed this writ application raising 2 a very limited grievance. Learned senior counsel for the petitioners points out that by Annexure-1 the services of non-teaching employees of the College were regularized by the University „with immediate effect‟ on the posts sanctioned and deemed sanctioned in terms of some Government letters. The grievance is that once the College was taken over as a constituent unit of the University the employees who were found eligible for regularization required to be regularized from the date of take over of the College with all consequential benefits. It is submitted that in terms of the Full Bench judgment of this Court in the case of Braj Kishore Singh Vs. State of Bihar & Ors. (1997 (1) PLJR 509) posts within the staffing pattern were deemed to be sanctioned and no separate order of sanction of individual posts was required under law. He submits that, nonetheless, the State Government has formally sanctioned the posts in the College by Annexure-4 and 5. Hence, he submits that since all the posts on which the petitioners were found working and eligible for regularization were deemed to be sanctioned 3 under staffing pattern with effect from take over of the College itself the petitioners were entitled to the benefit of the regularization from that date itself with all consequential benefits. Learned counsel for the petitioners also submits that against the said judgment of the Full Bench the State Government had moved the Apex Court and their SLP stands dismissed. The petitioners of the Full Bench had thereafter moved for their arrears of salary which was finally allowed by a Division Bench of this Court. Against that also the respondents had moved the Apex Court and their SLP was dismissed. Thereafter, the ratio laid down by this Court in the said judgments has been accepted by the State Government and in the case of one K.S.S. College, Lakhisarai the State Government has already issued letters and has taken a decision to the effect that the employees of the said College shall be deemed to have been regularized/absorbed from the date of take over of the College itself. The said Government letter addressed to the Registrar of the University is annexed as Annexure-24 with 4 the supplementary affidavit filed on behalf of the petitioners on 26.10.2009. Learned senior counsel for the petitioners has also pointed out that the said decision of the Government in respect of the said College has been implemented by the University and consequential orders have also been passed. He submits that the said ratio of the said judgments of this Court will squarely apply to the case of the employees of the present College also and the decision taken by the State Government in identical case of K.S.S. College, Lakhisarai should be held applicable in respect of the employees of this present College also. Mr. Ghosh appearing for the University submits that he does not find any justifiable ground to distinguish the case of the present College with the case of the said K.S.S. College, Lakhisarai. Since in the light of the said judgments of this Court the State Government has taken a decision to shift back the date of regularization/absorption of the eligible employees of the College to the date of take over of the College itself the same decision has obviously to be taken in the case 5 of the present College also. However, he submits that this will involve payment of substantial amount to the individual teachers and the dues of all the teachers of the College together may be beyond the capacity of the University itself to disburse. Therefore, this Court may direct the respondents to release the requisite amount for the purpose. Learned counsel for the State also could not distinguish the case of employees of this College with the case of employees of the said K.S.S. College, Lakhisarai. He only referred to three pages counter affidavit filed on behalf of the State authorities wherein it has been stated that the matter of regularization of class-III & IV employees of a College is the responsibility of the University. In the circumstances, in view of the aforesaid judgments of this Court and in view of the decision already taken by the State Government in the case of said K.S.S. College, Lakhisarai, as contained in said Annexure-24, this Court holds that the employees of the present College are also entitled to regularization/absorption of their services from 6 the date of take over of the College. Therefore, Annexure-1, so far as it stipulates regularization of the services of the employees of the present College „with immediate effect‟ is concerned, the same is quashed. The University is directed to examine the service records of the individual employees treating them as regularized/absorbed in the services of the University from the date of take over of the College itself, calculate the arrears which may become payable to the employees of the College on this account, prepare a final calculation and submit the same to the State Government within four months with a formal requisition for the amount for disbursement to the concerned employees of the College. Once the requisition is received by the State Government from the University in this regard, the State Government shall be at liberty to check up the calculations only made by the University and if the calculations are found to be correct, the State Government shall release the amount, as appearing after final calculation, in favour of the University within two months thereafter. On receipt of the amount 7 from the State Government the University will disburse the same to the concerned employees within one month thereafter. The writ application is accordingly disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)