Patna High Court
Vijay Shankar Rai And Ors vs The State Of Bihar And Ors on 5 March, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3933 of 2018
In
Letters Patent Appeal No.295 of 2015
======================================================
1. Vijay Shankar Rai and Ors son of Late Narsingh Rai, resident of Village
-Harpur, P.O. Pusa and P.S. Pusa, District - Samastipur presently posted as
Assistant in RAU Headquarter Pusa, District- Samastipur.
2. Surendra Choudhary son of Late Chote Choudhary, resident of Mohalla- Nai
Sarai, P.O. Biharsharif, P.S. Biharsharif, District- Nalanda, presently posted
as Section Officer, in RAU Headquarter Pusa, District- Samastipur.
3. Abhimanu Kumar, son of Late Maheshawari Prasad, resident of Mohalla-
Lohanipur, P.S.Kadamkuan, District- Patana presently posted as Assistant in
RAU Headquarter Pusa, District- Samastipur.
4. Chandra Kant Sharma, son of Late Upendra Sharma, village Yamunabarahi,
P.O. Kamaldha, District- Sitamarhi presently posted as UDC in RAU
Headquarter Pusa, District- Samastipur.
5. Deo Prasad Roy, son of Late Ram Bichar Roy, village- Brahmpur, P.O.
Parsa, District- Saran Chapra presently posted as UDC in RAU Headquarter
Pusa, District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. Shri Sudhir Kumar, son of not known, the Agriculture Production
Commissioner, Department of Agriculture, Government of Bihar, Patna.
3. Shri Prabhu Ram, son of not known, the Director Administration cum
Additional Secretary, Department of Agriculture, Government of Bihar,
Patna.
4. Smt. Sujata Chaturvedi, wife of not known, the Principal Secretary,
Department of Finance, Government of Bihar, Patna.
5. Dr. Ravi Nandan, son of not known, the Registrar, Rajendra Agriculture
University, office at PUSA, Samastipur, Bihar.
6. Shri B.K. Ambastha, son of not known, the Vice Chancellor, Rajendra
Agriculture University, office at Pusa, Samastipur, Bihar.
7. Shri Umesh Kumar Verma, son of not known, the Director, Rajendra
Agricultural University, office at PUSA, Samastipur, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate
For the Opposite Party/s : Mr. Sarvesh Kumar Singh, AAG 13
Mr. Ravi Kumar, AC to AAG 13
For University : Mr. Chandra Mohan Singh, Advocate
======================================================
Patna High Court MJC No.3933 of 2018 dt.05-03-2024
2/5
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-03-2024
The present MJC / contempt application is filed for non-
compliance of the order dated 14.05.2018 passed in LPA No. 295
of 2015. It is necessary to reproduce last portion of the order dated
14.05.2018
and it reads as under:
"Summarizing our opinion in the light of the
discussion aforementioned we are persuaded to hold that
the decision of the respondent State in its Agriculture
Department as well as Finance Department to deprive
the non-teaching employees of the respondent University
to the benefit from ACP Scheme 2003 as well directing
for recovery, while allowing similar benefits to the
employees of the other Universities and its constituent
Colleges, is held discriminatory and an arbitrary
decision and not backed by reasons. If section 25(ii) of
the 'Act of 1987' as it stands repealed by section 24(ii) of
the 'Act of 2010' was an impediment, similar impediment
was existing in the case of the non-teaching employees of
other University and its constituent Colleges but which
has been waived of. Having thus taken a decision of
waiver in so far as the non-teaching employees of other
Patna High Court MJC No.3933 of 2018 dt.05-03-2024
Universities and its constituent Colleges are concerned,
the respondent State cannot be permitted to discriminate
with the non-teaching employees of the respondent
University. This relevant aspect having eluded the
attention of the learned Single Judge, we are persuaded
by the arguments of Mr. Shahi to disagree with the
opinion expressed by him in the judgment and order
impugned. In consequence, the judgment and order dated
18.12.2014 passed in C.W.J.C. No. 10103/2014 is set
aside. The direction of the Director, Agriculture as
contained in his letter dated 23.12.2023, impugned at
Annexure 6, together with the office order bearing Memo
No. 208 dated 5.5.2015 of the Comptroller, Rajendra
Agricultural University, impugned at Annexure I/1 to I.A.
No. 4045/2015 is quashed and set aside.
The writ petition is allowed with
consequential reliefs. The interlocutory applications are
disposed of.
In result, the Letters Patent Appeal is allowed
without any order as to costs."
2. Even though the Co-ordinate Bench allowed the LPA,
however, it is ordered with consequential reliefs. What are the
consequential reliefs are not indicated and so also the concerned
appellants have not requested this Court at the time of disposing
Patna High Court MJC No.3933 of 2018 dt.05-03-2024
LPA No. 295 of 2015 on 14.05.2018. Thus, there is a vacuum in
respect of what are the consequential reliefs to be extended to the
petitioners.
3. At this stage, learned counsel for the petitioners
submitted that petitioners are entitled to ACP benefit from
09.08.1999 with reference to their status as a non-teaching staff in
the concerned University. On the other hand, the State and
University version is that there is no policy decision of the State
government in respect of extending ACP benefit to such of those
non-teaching post holder in the University. One of the University
is stated to have extended the benefit of ACP to non-teaching staff.
Under such circumstances the petitioners are also claiming with
reference to various decisions of this Court and the Hon'ble
Supreme Court.
4. The petitioners have not apprised this Court in respect
of specific judicial pronouncement to the extent that non-teaching
staff of Universities are entitled to ACP benefit with effect from
09.08.1999 and consequential benefits. In the absence of specific
direction in the order dated 14.05.2018 passed in LPA No. 295 of
2015 to the extent that appellants are entitled to benefit of ACP
with effect from 09.08.1999, one cannot draw inference that
respondents have committed contempt of Court.
Patna High Court MJC No.3933 of 2018 dt.05-03-2024
5. Accordingly, the present MJC / contempt application
stands dropped reserving liberty to the petitioners to file fresh writ
petition insofar as what is that consequential reliefs to be granted.
In this regard, before filing writ petition let them approach the
concerned authority while furnishing detailed representation and
establishing statutory right to claim ACP and any other specific
service benefits with reference to policy or judicial orders. If such
representation is not considered within a period of three months
from the date of receipt of such representation, in that event
petitioners are at liberty to file writ petition.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.03.2024
Transmission Date NA
