The Rajendra Agriculture University And ORS v. Subhash Chandra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1873 of 2012 IN Civil Writ Jurisdiction Case No. 1873 of 2012 ===========================================================

1. The Rajendra Agriculture University through the Registrar, Pusa Samastipur (Bihar)

2. The Vice-Chancellor, Rajendra Agriculture University, Pusa Samastipur, (Bihar)

3. The Director Administration, Rajendra Agriculture University, Pusa Samastipur (Bihar) .... .... Appellants

Versus

1. Subhash Chandra S/O Sri Ram Biraj Thakur Resident of Village Andauli, P.S. Madhwapur, District Madhubani (Bihar)

2. Prabhakaran S/O Sri Brahmdeo Jha Resident of Village Sinaur Gopal, P.O. Laheriasarai, District Darbhanga (Bihar)

3. The State of Bihar, through Agricultural Production Commissioner, Bihar

4. The Agricultural Production Commission, Government of Bihar, Vikas Bhawan, New Secretariat, Patna

5. The Director of Agriculture, Department of Agriculture, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna

6. The Indian Council of Agricultural Research through its Director, Pusa Road, New Delhi .... .... Respondents With =========================================================== Letters Patent Appeal No. 160 of 2014 IN Civil Writ Jurisdiction Case No. 14742 of 2005 ===========================================================

1. The State of Bihar, through Agricultural Production Commissioner, Bihar

2. The Agricultural Production Commissioner, Government of Bihar, Vikas Bhawan, New Secretariat, Patna

3. The Director of Agriculture, Department of Agriculture, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna .... .... Appellants

Versus

1. Subhash Chandra, S/O Sri Ram Biraj Thakur, Resident of Village Andauli, P.S. Madhwapur, District Madhubani, Bihar

2. Prabhakaran, S/O Sri Brahmdeo Jha, Resident of Village Sinaur, Gopal, P.O. Laheriasarai, District Darbhanga, Bihar

3. The Rajendra Agriculture University through the Registrar, PUSA Samastipur, Bihar

4. The Vice-Chancellor, Rajendra Agriculture University, PUSA Samastipur, Bihar

5. The Director (Administration), Rajendra Agriculture University, PUSA Samastipur, Bihar

6. The University Grants Commission through its Chairman, Bahadur Shah Zafar Marg, New Delhi

7. The Indian Council of Agricultural Research through its Director, PUSA Road, New Delhi .... .... Respondents ===========================================================

2/4 Appearance :

(In LPA No. 1873 of 2012) For the Appellant/s : Mr. D.K. Sinha, Sr. Advocate Mr. Arvind Ujjwal, Advocate For the State : Mr. Prabhakar Dwivedi, AC to SC 21 For the Respondents : Mr. Chittranjan Sinha, Sr. Advocate Mr. Alok Ranjan, Advocate (In LPA No. 160 of 2014) For the Appellants : Mr. Pushkar Narain Shahi, AAG-10 Mr. Mritunjay Kumar, AC to AAG-10 For Respondents 1&2 : Mr. Chittranjan Sinha, Sr. Advocate Mr. Alok Ranjan, Advocate For the University : Mr. D.K. Sinha, Sr. Advocate Mr. Arvind Ujjwal, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 01-04-2016 For the reasons indicated in I.A. No. 7879 of 2012, the delay in filing L.P.A. No.

1873 of 2012 is condoned. I.A. No. 7879 of 2012 is, accordingly, allowed. These two intra-court appeals, one by Rajendra Agriculture University and other by the State of Bihar are against the judgment and order dated 06.12.2010, passed by learned Single Judge of this Court in C.W.J.C. No. 14742 of 2005 (Subhash Chandra and another Vrs. The State of Bihar and others).

We have heard Sri Pushkar Narain Shahi, AAG-10 for the State, Sri D.K. Sinha learned Senior Counsel for Rajendra Agriculture University and Sri Chittranjan Sinha, learned Senior Counsel for the writ petitioners-respondents and with their consent are disposing of these two intra-court appeals at this stage itself. Pursuant to advertisement issued in the year 1974

3/4 by the Agriculture University the writ petitioners were recruited as Workshop Superintendent who have academic qualification of bachelors degree/ diploma holders in mechanical and production engineering and three years of practical experience in a responsible capacity of workshop or production in a firm or an institute of repute. There were series of litigations and ultimately the matter reached the Apex Court as to the correct remuneration that is to be paid to the writ petitioners. Upon affidavits and counter affidavits being filed before the Apex Court, the Apex Court disposed of the S.L.P. in view of the stand taken by the University that they would be granted the pay scale as prescribed by the All India Council for Technical Education, which is being paid in other engineering colleges with effect from 01.11.2001.

In view of the aforesaid stand of the University the writ petitioners withdrew their appeals with leave of the Apex Court. Thereafter University started paying them the pay scale as provided in the AICTE Rules. Subsequently, there appears to have been a change of attitude with a change of management. Annexure-15, the impugned annexure in the writ petition was then issued. It took a stand that the qualification as required by AICTE was that of a post-graduate. The writ petitioners being only graduates and/or diploma holders with experience could not be given that pay scale.

4/4 to the writ petitioners. Apparently, the two stands were contradictory. If the Rules did not apply the qualifications could not be looked into, and, if the qualifications are to be looked into then the Rules did apply. We would not like to go into this controversy because State, University and the writ petitioners suffered and/or intra-party order as before the Apex Court and the University agreed to grant the petitioners the pay scale as prescribed under the AICTE Rules and in fact did so for a number of years. There being an intra-party order and the University having agreed to it and complied with it, cannot now retreat.

Let it be noted that the order of the Apex Court is dated 30.10.2001 whereafter petitioners were paid in accordance with the rates as specified in the Rules as were being paid in other universities. It is only on 24.03.2003 that the impugned Annexure-15 to the writ petition was then issued by the University. In the facts aforesaid, we find no justification to interfere in the matter. Both the appeals filed by the State and the University are, accordingly, dismissed.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Arjun/Rajesh/AFR U