Wasim Akhtar vs The T. M. Bhagalpur University And ...
2023 Latest Caselaw 2509 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16949 of 2018
     ======================================================

Wasim Akhtar S/o Late Sk. Moin Uddin, R/o Mohalla- Bhikhanpur, Gumti No.3, Near Hatia, Kohsar Gali, Sahma Hussain Lane, P.S.- Ishakchak, Town and District- Bhagalpur.

... ... Petitioner/s Versus

1. The T. M. Bhagalpur University

2. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

3. The Registrar, T.M. Bhagalpur University, Bhagalpur.

4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.

5. The University Auditor, T.M. Bhagalpur University, Bhagalpur.

6. The Principal, Marwari College, Bhagalpur.

7. The Principal, S.M. College, Bhagalpur.

8. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New

9. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna.

10. The In-Charge Officer, Pay Verification Cell, Department of Education, Govt. of Bihar, Bihar State null null

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Arvind Kumar, AC to GP 23 For the University : Mr. Rekha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT Date : 19-05-2023

Heard the parties.

2. This writ petition has been filed with the following

prayers:-

(i) to hold the action of the respondents concerned in

not sanctioning pension of the petitioner as per his last month's

actual pay being Rs. 27,310/- only as illegal; Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

(ii) to direct the respondent authorities to fix the

pension of the petitioner as per his last month's actual basic

pay;

(iii) to direct the respondents specially the authorities

of the Tilka Manjhi Bhagalpur University (henceforth for short

'the University') to ensure that the payment of all due benefits

upon grant of financial Progressions under Assured Career

Progression Scheme/ Modified Assured Career Progression

Scheme is/are granted;

(iv) further, directing the authorities to ensure that the

payments are made immediately;

(v) to grant penal interest at least @ 12% per annum

over petitioner's said unpaid claims;

3. Learned counsel for the petitioner submits that right

since his appointment till the retirement, his status remained as

that of an Assistant and as such he is entitled to the said relief.

4. It is his further submission that the petitioner never

came to know about the corrigendum dated 18.01.2018 and

once the same has been brought on record by 'the University' by

way of counter affidavit, he has filed I.A. No. 01/2020 with a

prayer for quashing of the same.

5. His further submission is that some of the Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

documents/correspondence of the respondents shows his status

as an Assistant.

6. A counter affidavit has been filed on behalf of the

Tilka Manjhi Bhagalpur University ( the respondent nos. 2 to 5)

in which it has been stated that the petitioner was never

appointed as an Assistant rather he was an Accounts Assistant

which reflects from Annexure-5 to the writ petition i.e. the

memo no. 944-946/84 dated 18.05.1984.

7. This Court deems it appropriate to incorporate the

said memo dated 18.05.1984 issued by the respondent no. 7, the

Sundarwati Mahila College, Bhagalpur which read as follows:

**lqUnjorh efgyk egkfo|ky;

Hkkxyiqj ¼fcgkj½ i= la[;k& [email protected] fnukad& [email protected]@84 dk;kZy; vkns"k& 1984 p;u lfefr] lqUnjorh efgyk egkfo|ky;] Hkkxyiqj ds vuq"kalk ds vk/kkj ij Jh olhe v[rj dks ys[kk&lgk;d ds in ij 730&15&820&20&980&n0jks0&20&1080 ds osrueku esa fo"ofo|ky; dh Lohd`fr ds izfrcU/k ds lkFk vLFkk;h :i ls fu;qDr fd;k tkrk gSA Jh v[rj dks mDr osrueku dk ,d bdjkjukek nsuk gksxk fd ;fn fo"ofo|ky; fcgkj ljdkj bl osrueku dh Lohd`fr ugha ns rks vf/kd Hkqxrku dh xbZ jkf"k mUgsa okil djuk gksxk A iqu% bUgsa vkns"k fn;k tkrk gS fd os vfoyEc viuk inHkkj xzg.k dj ysa A in Hkkj xzg.k djus ds fufeÙk fdlh izdkj dk HkÙkk vkfn ns; ugha gksxkA [email protected]& Hkkxyiqj& 8-1-2001 ¼vfufUnrk eq[kthZ½ iz/kkukpk;kZ fnukad& 16-05-1984 lqUnjorh efgyk egkfo|ky;

Hkkxyiqj Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

Kki la[;k& 944&[email protected] fnukad& [email protected]&5&1984 izfrfyfi izsf'kr] 1- Jh olhe v[rj] Hkh[kuiqj] Hkkxyiqj 2- dqylfpo] Hkkxyiqj fo"ofo|ky; ds lwpukFkZ ,oa vuqeksnukFkZ 3- Jh ";ke lqUnj feJ] ys[kk lgk;d] lqUnjorh efgyk egkfo|ky; ds lwpukFkZ ,oa vko";d dk;kZFkZ A**

8. Further, the then Bhagalpur University vide memo

no. B/24826 dated dated 29.07.1987 informed the concerned

college (the respondent no.7) about confirmation of the

petitioner's service as Accounts Officer. The letter dated

29.07.1987 read as follows:

"BHAGALPUR UNIVERSITY BHAGALPUR-812007

29th July, 1987 Dr M. Sowaid Registrar

To The Principal, S.M. College, Bhagalpur

Sub: Confirmation of the services of Md. Wasim Akhtar, Accounts Assistant, S.M. College, Bhagalpur.

Madam,

With reference to your letter No. 306/82 dated 22.07.87 I am to inform you that the Vice-

Chancellor has been plead to order for confirmation of the services of Sri Wasim Akhtar, Accounts Assistant of your College, w.e.f. the date Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

of his joining. Accordingly the services of Sri Wasim Akhtar, Accountants Assistant is confirmed w.e.f. the date of his joining i.e. 18.05.84.

Yours faithfully,

(M. Sowaid) Registrar"

9. Learned Counsel for the respondent nos. 1 to 5, 'the

University' submits that inadvertently, in some correspondence,

he was addressed as an "Assistant" and the petitioner grabbed

the said opportunity to claim the said post which is on higher

pedestal. It is his submission that the petitioner was never given

the said higher post.

10. 'The University' has now brought on record the

letter dated 18.01.2018 and 13.01.2015 to show that orders have

been passed in the matter clarifying the fact that the post of the

petitioner be read as an Accounts Assistant. The said orders

was/were never challenged by the petitioner and/or set aside, he

is not entitled for relief.

11. This Court has taken note of the corrigendum vide

memo no. B/2021-30 dated 18.01.2018 by which it has been

clarified that the petitioner be considered as an Accounts

Assistant instead of Assistant and for appreciation, the same is

incorporated herein below:

Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

"TILKA MAJHI BHAGALPUR UNIVERSITY, BHAGALPUR- 812007 frydk ek¡>h Hkkxyiqj fo"ofo|ky;] Hkkxyiqj& 812 007

'kqf)&i= iwoZ esa fuxZr dk;kZy; vkns"k la[;k& [email protected] ,oa dk;kZy; vkns"k la[;k& [email protected]] Kki la[;k& B/1939-69 fnukad 13-01-2015 esa vkaf"kd la"kks/ku fd;k tkrk gSA la"kks/kuksijkUr eks0 olhe v[rj in uke lgk;d ds txg ys[kk lgk;d i<+k tk;A vkns"kkuqlkj [email protected]& vLi'V dqylfpo Kkikad& B/2021-30 fnukad 18-01-2018 izfrfyfi izsf'kr % 1- mi;qZDr dehZ dks 2- izHkkjh izkpk;Z] ekjokM+h dkWyst] Hkkxyiqj] 3- foÙk inkf/kdkjh] 4- iz"kk[kk inkf/kdkjh] isa"[email protected]@vads{k.k 5- [email protected] izfrdqyifr ,oa dqylfpo ds futh lgk;d dks 6- lgk;d] dk;kZy; vkns"kj{kd] frydk ek¡>h Hkkxyiqj fo"ofo|ky;] Hkkxyiqj dks lwpukFkZ ,oa vko";d dk;kZFkZA [email protected]& vLi'V dqylfpo**

12. Further, his letter of appointment dated

18.05.1984 issued by the respondent no. 7 the S.M. College

Bhagalpur shows him as an Accounts Assistant. The

confirmation order/letter dated 29.07.1987 of the Bhagalpur

University too gave the status of Accounts Assistant to the

petitioner.

13. There is no document on record to show that

subsequently, the petitioner was promoted to the post of

Assistant. The petitioner has also not brought any document in

the writ petition showing his promotion as an Assistant Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

subsequently.

14. It is to be noted that this Court repeatedly asked

from the learned counsel for the petitioner as to:

(i) whether the petitioner was ever

appointed as an Assistant;

(ii) whether he was ever promoted to the

post of Assistant from Account Assistant to make

such claim.

15. The answer by the learned counsel for the

petitioner to both the questions of this Court was in negative. He

however reiterated that as certain documents of the respondents

showed him as an Assistant, he is entitled for the relief.

16. It is to be noted that the dust has now been settled

by 'the University' and the corrigendum dated 18.01.2018 has

already been issued.

17. The petitioner preferred the present writ petition

in August 2018 with prayer for grant of relief treating him as an

Assistant but surreptitiously chose not to challenge the

clarification dated 18.01.2018 which had already come into

existence in January 2018 itself.

18. The alibi of the petitioner about no knowledge of

the said letter dated 18.01.2018 is an afterthought and fit to be Patna High Court CWJC No.16949 of 2018 dt.19-05-2023

rejected.

19. This Court is convinced with the stand of 'the

University' that the appointment of the petitioner was as an

Accounts Assistant and he was never given the status of

Assistant. The correspondence between the official in which

inadvertently, he was shown as an Assistant cannot be a ground

for him to claim the pay scale of the Assistant which is on a

higher grade.

20. Consequently, he cannot claim fixation of his

pension as an Assistant. In the aforesaid background, the

petitioner is not entitled to the reliefs he has sought for in the

present writ petition.

21. The petition lacks merit and is accordingly

dismissed.

Ref : I.A. No. 1/2020

In view of the dismissal of the writ petition, the I.A.

No. 1 of 2020 too is disposed of with liberty to the petitioner to

challenge the same as a separate cause of action, if he so wants.

(Rajiv Roy, J) Neha/-

AFR/NAFR                         AFR
CAV DATE                         N/A
Uploading Date               24.05.2023
Transmission Date            24.05.2023