Allowed¶53

Dr. Kamaluddin Khan v. The State of Bihar

Patna HC22 Jul 2024CWJC/1232/2020

Case brief

AI extract

What is this about?

CWJC 1232/2020 Patna High Court; judge Anjani Kumar Sharan; decided 22-07-2024; petitioner Dr. Kamaluddin Khan; Veer Kunwar Singh University Arrah/Ara; Maharaja Law College; Lecturer in Law full-time; pay scale Rs.8000-13500; fixed Rs.21,600 revision recalled; memo legal/66/192810/establishment/19 dated 11.10.2019; Director letter memo 15/M-1-195-2014/1837 dated 19.08.2019; Annexure-P/25A Rs.1000 per class max Rs.25,000; MJC 2131/2019 contempt; CWJC 1033/2019; void ab initio 2009 appointments; Bihar State Universities Act 1976 s.26(5)(i) and s.57(1); consequential benefits granted; writ allowed.

What did the court decide?

Writ application allowed; concerned Authorities directed to grant the petitioner all consequential benefits. ¶53

Dr. Kamaluddin Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application allowed; concerned Authorities directed to grant the petitioner all consequential benefits.

¶53

Issue for consideration

Whether the petitioner, whose appointment as full-time/regular Lecturer in Law on a sanctioned post at Maharaja Law College, Ara is admitted, is entitled to payment of salary in the approved/revised pay scale together with arrears and all consequential benefits, notwithstanding the State's contention that his 2009 appointment was void ab initio.

¶51

Court's answer

This Court held it to be an admitted fact that the petitioner was appointed on the full time/regular and sanctioned post, and that this is not a disputed fact.

¶51

Ratio / Principle

Accordingly, the petitioner is entitled for grant of all the consequential benefits.

¶51

Key takeaways

The concerned Authorities are directed to grant all the consequential benefits to the petitioner.ratio¶52

Detailed headnote1 paragraphs

Patna High Court, CWJC No.1232 of 2020 (Anjani Kumar Sharan, J.), oral order dated 22-07-2024: ALLOWED. Dr. Kamaluddin Khan, selected and appointed full-time Lecturer in Law at Maharaja Law College, Ara under Veer Kunwar Singh University pursuant to advertisement no.01/2008 and an order in LPA No.226/2009 (joined 17.06.2009), had his initial pay scale of Rs.8000-13500/- briefly revised to a fixed Rs.21,600/- plus allowances before that order was recalled by the Vice-Chancellor (memo no. legal/66/192810/establishment/19 dated 11.10.2019), both that memo and a Director (Higher Education) letter dated 19.08.2019 (memo no.15/M-1-195-2014/1837) being sought to be set aside; during contempt proceedings (M.J.C. No.2131 of 2019) the Authority had capped him at Rs.1000/- per class, maximum salary Rs.25,000/- (Annexure-P/25A). The State countered that Maharaja Law College is neither constituent nor affiliated and that the 2009 appointments were void ab initio; the University's counter-affidavit nonetheless fairly admitted full-time appointment. Holding the full-time/regular sanctioned-post appointment to be an admitted, undisputed fact, the Court declared the petitioner entitled to all consequential benefits and directed the concerned Authorities to grant them; no specific monetary award was fixed by the Court. Statutory references: Bihar State Universities Act, 1976 s.26(5)(i); Universities Act s.57(1) (asserted compliance in rejoinder).

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1232 of 2020

¶2

======================================================

¶3

Dr. Kamaluddin Khan S/o Abdul Kalam Khan Resident of Nisat Building, Pattlvar ki Mashid, Dargah Road, P.O.-Mahendru, P.S.-Sultanganj, DistrictPatna at Present Working as Assistant Professor at Maharaja Law College, Ara and Dean Faculty of Law, Veer Kunwar Singh University Ara.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar represented through its Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

¶7

The Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

¶8

The Additional Secretary, Department of Higher Education, Government of BIhar, Patna.

¶9

The Director, Department of Higher Education, Government of BIhar, Patna.

¶10

The Veer Kunwar Singh Univeristy, Arrah

¶11

The Vice Chancellor, Veer Kunwar Singh University, Ara.

¶12

The Registrar, Veer Kunwar Singh University, Ara.

¶13

The Hon'ble Chandellor of Universities, Bihar State of Bihar.

¶14

The Bar Council of India through its Secretary, New Delhi

¶15

The Chairman, Bar Council of India, New Delhi

¶16

The Legal Education Committee of Bar Council of India, New Delhi through its Secretary

¶17

... ... Respondent/s

¶18

======================================================

¶19

Appearance : For the Petitioner/s : Mr.Brisketu Sharan Pandey, Advocate Mr.Sanjay Kumar, Advocate For the State : Mr.Vinay Kumar Mishra, AC to AAG 15 For the Resp. Nos.5 to 7 : Mr.Rajesh Prasad Choudhary, Adocate For the Resp. No.8 : Mr.Janardan Prasad Singh, Sr. Advocate Mr.Rajiv Ranjan Kumar Pandey, Advocate

¶20

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

¶21

ORAL ORDER

¶22

6 22-07-2024 Heard learned counsel for the petitioner and learned

¶23

counsel for the respondents.

¶24

The present writ application has been filed for the

¶25

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 2/7

¶26

following relief/s:-

¶27

“(I) For setting aside the order published vide memo no. legal/66/192810/establishment/19 dated 11.10.2019 Vice Chancellor, Veer Kunwar Singh University, Arrah, Bihar.

¶28

(II) For setting aside the letter issued vide memo no.15/M-1-195-2014/1837 dated 19.08.2019 passed/communicated by the Director, Higher Education to the Vice Chancellor, Veer Kunwar University, Arrah, Bihar.

¶29

(III) For directing the respondent authorities to make payment of petitioner’s current salary who is posted as Full Time Lecturer in Veer Kunwar Singh University, Arrah as per terms of his appointment and benefits attached/accrued to his post time to time.

¶30

(IV) For directing the respondent State and University that payment of petitioner’s current salary be made in the pay scale payable as per 6^th pay revision @ Rs.15600-39100/-, pay band Rs.16720 & Grade Pay-Rs.6000/- Basic pay Rs.36640/- plus D.A. Rs.41292/- HR 2664 medical Rs.200/- i.e. total per month Rs.70796/-.

¶31

(V) For directing the respondent authorities to make payment of difference of arrears of salary of the petitioner forthwith since 17.06.2009 till date.

¶32

(VI) For that respondents be directed to pay the entire arrears of salary along with

¶33

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 3/7

¶34

compound interest @ 12% p.a.

¶35

(VII) For granting any other relief or reliefs for which the petitioner is entitled for.”

¶36

Learned counsel for the petitioner submits that an advertisement bearing no.01/2008 was published by the Veer Kunwar Singh University for appointment on the post of Lecturer in Law (full time & Part time) in the pay scale of Rs.8000-13500/-. Pursuant to the said advertisement, the petitioner applied for the said post (Annexure-P/3 of the writ petition). An interview was conducted and petitioner was selected by the Committee. The petitioner was appointed by the Committee, in light of the order passed in LPA No.226/2009. On the recommendation of the Selection Committee, the Vice Chancellor has appointed several persons as full time/part time Lecturers in Law. In the said list, the name of petitioner is at serial no.1 as Full time post in the Maharaja Law College, Ara (Annexure-P/6 of the writ petition). Thereafter, petitioner joined on 17.06.2009 and was granted pay scale of Rs.8000-13500/(Basic-8000, D.A.-8320, HRA-600, M.A. 50/-), total Rs.16970/per month and he received the said salary from 17.06.2009 to January, 2012 (Annexure-P/8) in the Allahabad Bank account. Later on his service book was perused and on the basis of pay revision, petitioner’s salary was revised to the fixed amount of

¶37

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 4/7

¶38

Rs.21,600/- in addition to his DA, HRA, Medical and Annual increment and it was to be paid from the same fund of the University by which payment to the part time Lecturers were being made. Later on, the said order was recalled (AnnexureP/10).

¶39

By order of the Vice-Chancellor, the Registrar of the said University, in exercise of the power conferred under section 26, sub-section 5 and clause (i) of the Bihar State Universities Act, 1976 as amended up-to date, was pleased to appoint the petitioner, full time lecturer, Maharaja Law College, Ara as Dean faculty of law with immediate effect for a period of two years or the date of superannuation whichever is earlier (Annexure-P/11 and P/12).

¶40

The matter was disputed when the consolidation money was sent by the State to the Maharaja Law College and the Veer Kunwar Singh University jointly. The Registrar of the Veer Kunwar Singh University then sent a letter to the Director, Higher Education to clarify the bifurcation of salary among the employees as the Authority was facing difficulties in payment of the salary and stated that Maharaja Law College has six part time teachers and one full time teacher i.e. the petitioner, so they requested to kindly send salary of all employees separately.

¶41

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 5/7

¶42

Pursuant thereto, the Director, Higher Education, Government of Bihar, Patna asked for a clarification regarding appointment of the petitioner on the regular post (AnnexureP/16 and Annexure-P/18). The Registrar of the University sent all the documents and clarified the matter (Annexure-P/19) regarding the petitioner.

¶43

The petitioner filed several representations before the concerned Authorities but till date no order has been passed. Thereafter the petitioner moved before this Court in C.W.J.C. No.1033 of 2019, which was disposed of vide order dated 27.02.2019 by a co-ordinate Bench of this Court, with a direction to file a representation before the concerned Authority for redressal of his grievance and the Authority was directed to pass an order within eight weeks of receipt of the representation. The petitioner filed representation accordingly but even after receipt of the representation, no order was passed.

¶44

Thereafter, the petitioner filed a contempt petition. During pendency of the contempt petition bearing M.J.C. No.2131 of 2019, the concerned Authority disposed of the representation of the petitioner by Annexure-P/25A, stating therein that the petitioner is only entitled for Rs.1000/- per class and maximum salary of Rs.25,000/-.

¶45

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 6/7

¶46

A counter-affidavit is filed on behalf of the University. The University has fairly stated in the counter-affidavit that appointment of the petitioner was made on full time Law Lecturer.

¶47

The State Government has also filed a counter-affidavit and supplementary counter-affidavit, in which it is stated that the Maharaja Law College is neither a constituent unit nor affiliated unit of the University. It is further stated that as per the University, there is no law faculty/department exists in the University, thus, the whole procedure of appointment and notification is vitiated in the eye of law. The University is treating all the appointment including the appointment of petitioner, made in the year 2009 as void ab initio after examining the records related with the appointment made in the year 2009.

¶48

A rejoinder to the counter-affidavit has been filed on behalf of the petitioner, in which, it is stated that there is compliance of section 57 (1) of the Universities Act while conducting the selection of the petitioner. It is stated that it is apparent from the note sheet made available to the petitioner that the department had the information regarding the college (old faculty of Maharaja Law College being constituent unit of

¶49

Patna High Court CWJC No.1232 of 2020(6) dt.22-07-2024 7/7

¶50

Veer Kunwar Singh University) and the post already being sanctioned. In fact, the Officer on Special Duty has made a categorical noting on 06.04.2018 as to under what circumstances the petitioner is not being paid the approved pay scale of Rs.8000-13500 is to be clarified from the University. The date was fixed on 19.04.2018 for production of remaining document which was handed over to the department by the University relating to the petitioner.

¶51

Considering the aforesaid facts and circumstances of the case and the rival submissions of the parties, this Court is of the view that it is an admitted fact that the petitioner was appointed on the full time/regular and sanctioned post and it is not a disputed fact. Accordingly, the petitioner is entitled for grant of all the consequential benefits.

¶52

The concerned Authorities are directed to grant all the consequential benefits to the petitioner.

¶53

The present writ application is hereby allowed.

¶54

(Anjani Kumar Sharan, J)

¶55

pallavi/-

¶56

Procedural history

How this case reached the court

AI extract

Order under challenge
Order published vide memo no. legal/66/192810/establishment/19 dated 11.10.2019 issued by the Vice Chancellor, Veer Kunwar Singh University, Arrah (which recalled the petitioner's revised pay fixation), sought to be set aside under relief clause (I); together with the letter vide memo no.15/M-1-195-2014/1837 dated 19.08.2019 passed/communicated by the Director, Higher Education to the Vice Chancellor, sought to be set aside under relief clause (II). During contempt proceedings (M.J.C. No.2131 of 2019), the concerned Authority had additionally limited the petitioner via Annexure-P/25A to Rs.1000/- per class and a maximum salary of Rs.25,000/-.¶27
Vice Chancellor, Veer Kunwar Singh University, Arrah, Bihar / Director, Higher Education, Government of Bihar · 11.10.2019
Prior proceeding
Advertisement no.01/2008 published by Veer Kunwar Singh University for Lecturer posts in Law (full time & part time) in the pay scale of Rs.8000-13500/-; petitioner applied (Annexure-P/3), was interviewed, selected and appointed by the Committee pursuant to the order in LPA No.226/2009, his name appearing at serial no.1 for the full-time post at Maharaja Law College, Ara (Annexure-P/6).¶36
Prior proceeding
Petitioner joined on 17.06.2009 and was paid the pay scale of Rs.8000-13500/- (total Rs.16970/- per month) from 17.06.2009 to January, 2012 (Annexure-P/8).¶36
Prior proceeding
On pay revision, petitioner's salary was revised to a fixed Rs.21,600/- plus DA, HRA, Medical and annual increment, payable from the same University fund used for part-time Lecturers.¶38
Prior proceeding
The said revised-pay order was later recalled (Annexure-P/10).¶38
Prior proceeding
By order of the Vice-Chancellor, the Registrar appointed the petitioner as Dean, Faculty of Law, Maharaja Law College, Ara, for two years or until superannuation, under section 26(5)(i), Bihar State Universities Act, 1976 (Annexure-P/11 and P/12).¶39
Prior proceeding
Dispute arose on remittance of consolidation money jointly to Maharaja Law College and the University; the Registrar wrote to the Director, Higher Education seeking clarification on bifurcation of salary, stating the College had six part-time teachers and one full-time teacher (the petitioner).¶41
Prior proceeding
The Director, Higher Education sought clarification on the appointment on the regular post (Annexure-P/16, P/18); the Registrar sent documents and clarified (Annexure-P/19).¶42
Prior proceeding
Representations went unanswered; petitioner's earlier writ C.W.J.C. No.1033 of 2019 was disposed of on 27.02.2019 by a co-ordinate Bench with direction to file a representation and for the Authority to pass an order within eight weeks; even thereafter no order was passed.¶43
Prior proceeding
Contempt petition M.J.C. No.2131 of 2019 filed; during its pendency the concerned Authority disposed of the representation by Annexure-P/25A, determining the petitioner entitled only to Rs.1000/- per class and a maximum salary of Rs.25,000/-.¶44
Prior proceeding
Counter-affidavit of the University fairly admitted that the petitioner's appointment was made as full time Law Lecturer.¶46
Prior proceeding
State counter-affidavit and supplementary counter-affidavit: Maharaja Law College is neither a constituent nor affiliated unit of the University.¶47
Prior proceeding
State's further stand: no law faculty/department exists in the University, the appointment procedure is vitiated, and the University treats the 2009 appointments, including the petitioner's, as void ab initio after examining records.¶47
Prior proceeding
Petitioner's rejoinder asserted compliance with section 57(1) of the Universities Act in the selection process.¶48
Prior proceeding
Rejoinder noted department records showing the old faculty of Maharaja Law College as constituent unit and the post as sanctioned; Officer on Special Duty made a categorical noting on 06.04.2018 that the reason for non-payment of the approved pay scale of Rs.8000-13500 was to be clarified from the University; documents due 19.04.2018.¶50

Dr. Kamaluddin Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Kamaluddin Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anil Ram Vs Poonam Devi

Ramadhar Sahni Vs the State of Bihar

Santosh Patel Vs The State of Bihar

Ranjeet Kumar Vs The State of Bihar

Gyanu Kumar Vs The State of Bihar

Vipul Bhargav Vs The State of Bihar