Anand Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.235 of 2021 ====================================================== 1.

Anand Azad son of Shri Dhirendra Kumar resident of Belahi, Ratanpatti, Murliganj, Madhepura, Bihar, Pin Code- 852122 2.

Abhishek Anand son of Shri Ram Prakash Chandra Verma resident of Patel Nagar, Ward No. 10, Parbati, T.N.B. College, Bhagalpur, Bihar, Pin Code812007 3.

Anand Kumar son of Shri Kishori Yadav resident of Lower Chanpanagar Road, Sahebganj, Deldarpur, Bhagalpur, Bihar, Pin Code- 812004 4.

Pawan Kumar Jaiswal son of Shri Rajendra Prasad resident of Near Shiv Mandir, Alamnagar, Madhepura, Bihar, Pin Code- 852210. 5.

Satyam Sharnam son of Shri Rajiv Lochan Sharan resident of K.B. Lal Road, Sujapur, Nathnagar, Bhagalpur, Bihar, Pin Code- 812000. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2.

Director, Higher Education, Education Department, Bihar, Patna. 3.

The University Grants Commission through its Secretary. 4.

Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 5.

Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava For the State :

Ms. Namrata Singh (AC to Ex G.A. 12) For the UGC :

Mr. Prakash Ch. Agrawal For the TMB University:

Mr. Anand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 20-03-2024 Heard learned counsel for the parties.

2.

The petitioner has moved this Court for following reliefs:- (i) For issuance of a direction, order or writ, commanding the concerned respondent authorities under the Education Department of the State Government as well as Tilka Manjhi Bhagalpur University, Bhagalpur

2/4 (hereinafter referred to as "the University") to take steps towards extending the benefits of the Revised Guidelines for Enhancement of Rates of Honorarium of Guest Faculty issued by the University Grants Commission (hereinafter referred to as "the UGC") in favour of the petitioners and all other similarly situated persons, pursuant to the decisions taken by UGC in its 537th meeting held on 10.12.2018, following which, by a letter dated 28.01.2019, it was communicated that the honorarium paid to guest faculties appointed against sanctioned posts was enhanced to Rs.1500/- per lecture subject to a maximum sum of Rs.50,000/- per month, in accordance with the recommendations made by the 7th Pay Revision Commission. (ii) For issuance of direction, order or writ, commanding the Education Department of the State Government to forthwith take necessary steps towards allocation of funds for payment of enhanced honorarium to the petitioners working as guest faculties in the department and constituent colleges of the University in the light of the letter dated 28.01.2019 issued from the UGC.

(iii) For issuance of writ commanding the concerned respondent authorities under the University to take

3/4 steps towards making payment of enhanced honorarium in favor of the petitioners and other similarly situated persons in lieu of the duties discharged by them as guest/part time faculties against the sanctioned posts at the different constituent colleges of the University ever since December, 2018 till date.

(iv) For issuance of writ commanding the concerned respondent authorities under the University to take steps towards making payment of interest over and above the amount of honorarium as may be found admissible in favour of the petitioners on account of the undue delay that has occurred in making payment of the same without there being any fault on the part of the petitioners and solely on account of highhandedness and illegal disposition on the part of the concerned respondent authorities under the University. (v) For any other relief that the petitioners may be found to be entitled to in the facts and circumstances of the present case.

3.

A counter-affidavit is filed on behalf of the respondent no.4 and 5, and in para-7 it is stated that the answering respondent University respectively submits that revised Guidelines for enhancement of Rates of Honorarium of Guest Faculty issued by the University Grants Commission was communicated to the

4/4 Respondent University by the Education Department, Government of Bihar, Patna vide Memo No.15/A2-01/2014-925 Patna, dated 13.04.2021. The Respondent University had on receipt of the aforesaid letter, started granting the enhanced honorarium of Rs.1500/- per lecture subject to a maximum sum of Rs.50,000/- per month to guest faculties including the petitioners appointed against the sanctioned posts. It is submitted that honorarium to them has been paid to the petitioners till the month of February, 2024.

4.

Considering the statement made in the counter-affidavit of respondent no.4 and 5, I dispose of the present writ application. (Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.03.2024 Transmission Date NA