S.J.MUKHOPADHAYA, J. - (1.) THESE cases relate to payment of salary of teaching/ non -teaching staff of colleges which were made constituent colleges in 4th phase. They were heard together for disposal by common order.
(2.) FOR proper appreciation of cases, it is necessary to take into consideration the relevant background of petitioners as mentioned hereunder : According to the petitioners of WP(S) No. 6359/2002 Shiv Kumar Prasad and others, they were appointed as Lecturers in Sadguru Jagjeet Singh Namdhari College, Garhwa, Palarnau (S.S.J.S. Namdhari College, Garhwa for short) in February, 1987, prior to the date the college was made constituent college under the Ranchi University, Ranchi (University for short). They are working and are entitled for salary in view of the interim order of the Supreme Court dated 12th October, 2001 in Civil Appeal No. 6098 of 1997, State of Bihar and Ors. v. Bihar Rajya M.S.E.S.K.K. Mahasangh and Anr., reported in 2002 (1) PLJR 85 (SC). Petitioners of CWJC No. 3934 of 2000 Maheshwar Toppo and others claims to have been appointed by the then Managing Committee of Baij Nath Jalan College, Sisai, Gumla in the year 1985 against non -teaching posts. They were removed from service in July, 1992 but later on reinstated by the University on 15th October, 1998 in the light of an order of the Patna High Court and the order of the Chancellor vide Notification dated 6th October, 1998. They also claimed salary from the date of their reinstatement in the light of decision of the Supreme Court aforesaid. Petitioners of CWJC No. 3377 of 2000 Surendra Singh and others claim that they were appointed as Lecturers in S.S.J.S. Namdhari College, Garhwa and working since February, 1987. They have also claimed for salary in the light of an order passed by the Patna High Court in Bihar Rajya Mahavidyalaya Shikshak Amam Shikshaktar Karamchari Kalyan Mahasangh v. State of Bihar and Ors., reported in 1997 (1) PLJR 533. Petitioner of WP(S) No. 2073 of 2002 Binoy Kant Tiwary claim that he was appointed as Lecturer in Geography on 1st April, 1986 in P.P.K. College, Bundu, Ranchi which was made constituent college in 4th phase under the University. His service was also terminated but later on reinstated vide Notification dated 7th November, 1998. He has claimed salary from the date he rejoined the post on reinstatement w.e.f. 9th November, 1998 as per the decision of the Supreme Court in State of Bihar and others (supra). According to petitioners of WP(S) No. 4370/2002 Prem Sagar Pramanik and others, they were appointed as non -teaching staff against class III and IV posts in P.P.K. College, Bun 'u, Ranchi. Later on, their services were terminated on 23rd July, 1992 but in view of the order of the Patna High Court and the order of the Chancellor, they were reinstated vide Notification No. 59/99 dated 27th January, 1999 issued by the Vice -Chancellor, Ranchi University, Ranchi. They have claimed salary from the date of rejoining on reinstatement w.e.f. 26th February, 1999, 2nd February, 1999, 29th January, 1999, 29th January, 1999, 29th January, 1999 and 11th February, 1999 respectively. According to petitioners of WP(S) No. 3380/2002 Panchu Baraik and others, they were appointed as non -teaching staff against class IV posts in K.C.B. College, Bero. Later on, their services were terminated on 23rd July, 1992 but in view of the order of the Patna High Court and the orders of the Chancellor, they were reinstated vide Notification No. 3321/98 dated 6th October, 1998 and Notification No. 59/94 dated 27th January, 1999 issued by the Vice -Chancellor, Ranchi University, Ranchi. They have claimed salary from the date of rejoining on reinstatement w.e.f. 12th February, 1999, 2nd February, 1999, 9th February, 1999, llth February, 1999 and 14th October, 1998 respectively. The colleges in question were made constituent colleges under the University in the year 1986 -87 in 4th phase. Therefore, they are commonly called as 4th phase constituent colleges. Many of the teachers of 4th phase constituent colleges having not paid salary, agitated the matter. At that stage, the State Government made certain enquiries relating to appointment of teaching and non -teaching employees of 4th phase constituent colleges through its Vigilance Department which submitted report and alleged illegality in the matter of appointment of number of teaching and non -teaching employees. When the teaching and non -teaching employee apprehended termination of services, formed an union in the name and style 'Bihar Rajya Mahavidyalaya Shikshak Evam Shikshaktar Karamchari Kalyan Mahasangh (Bihar Rajya M.S.E.S.K.K. Mahasangh for short) and filed a writ petition CWJC No. 4021/95 (reported in 1997 (1) PLJR 533). Initially, status quo order was passed on 21st June, 1998. When the case was finally disposed of, the concerned Universities were directed to take steps under Sub -section (14) of Section 4 of the Bihar Universities Act, 1976 in respect of regularisation of the services of the teachers of the colleges which have become constituent colleges of the different Universities in the 4th phase. The Universities were directed to take such step and communicate its decision to the State Government in the light of certain observation made in the judgment. It was ordered to maintain status quo till such steps are taken by the Universities. The State of Bihar being not satisfied, moved before the Supreme Court in Civil Appeal No. 6098/97, wherein the Supreme Court while constituted one man Commission of Hon'ble Mr. Justice S.C. Agarwal (retired Judge of the Supreme Court) laid down the terms of reference for its decision. The aforesaid order was passed in State of Bihar v. Bihar Rajya M.S.E.S.K.K. Mahasangh, reported in 2002 (1) PLJR 85 (SC), which reads as follows : 'In the circumstances of the case, it would be appropriate to implead the State of Jharkhand as a party to these proceedings. Let notice be issued to the State of Jharkhand through its Chief Secretary, Mr. Gopal Prasad, learned counsel accepts notice. 2. In the peculiar features of this case, we think it would be appropriate to direct an inquiry to be held by Hon'ble Mr. Justice S.C. Agrawal (retired Judge of this Court) into certain matters mentioned hereunder : 'Terms of reference 1. How many sanctioned posts of teachers and non - teaching employees were there in the 40 colleges which were converted into constituent colleges pursuant to the sanction letter dated 19.8.1986 of the State of Bihar? 2. How many proposals with regard to creation of posts for teachers and non -teaching employees had been submitted to the Education Department of the State of Bihar or University before 30.4.1986, the cut -off date mentioned in Appendix 'Kha' (pp. 208 of SLP) with respect to 36 colleges converted into constituent colleges as per Government letter dated 19.8.1986? (List of colleges is at page 206 -207 of SLP and other dates mentioned in Government communications in respect of four other colleges). 3. How many teachers and non -teaching employees seeking absorption in the constituent colleges were not appointed through selections made by the Bihar State University (Constituent Colleges) Service Commission and whether they possess the basic qualifications prescribed by the Act and Statutes? This exercise will be without prejudice to the contention of the respondents that Section 57 -A is not applicable to such selection, as has been held by the High Court in its judgment? 4. How many teachers and non -teaching employees would be entitled to absorption on the basis of the Government letter dated 19.8.1986 and Appendix 'Kha' and the agreement entered into between the University concerned and the constituent college under Section 4(14) of the Bihar State University Act, 1976 and other orders of Government. 3. During pendency of the appeal the concerned teachers and other employees who would be affected by the ultimate outcome of the proceedings before us will get their full salary along with admissible allowances and other benefits subject to any other order made by the Court. It. Is made clear that the services of the teaching and non -teaching staff shall not be disturbed during the pendency of the proceedings. The State Government of Bihar and Jharkhand shall share the expenses of the inquiry to be conducted by Hon'ble Mr. Justice S.C. Agrawal and his remuneration may be paid as may be fixed by him. Each State Government shall present all evidence and material pertaining to the inquiry before the learned Judge within three weeks after he fixes the date of inquiry. The inquiry shall be completed as expeditiously as possible preferably not later than six months. 4. List after the report of the inquiry as received.' In the meantime, the Universities terminated the services of some of the employees in violation of rules of natural justice, who were subsequently reinstated vide notifications issued in 1998 -99 in the light of certain orders passed by the Court. The petitioners of all the writ petitions now claim for salary as per interim order of the Supreme Court passed in Bihar Rajya M.S.E.S.K.K. Mahasangh v. State of Bihar, as quoted above.
(3.) THE University has taken plea that in the order of reinstatement, it was made clear that the payment of salary would be made from the date of reinstatement only after fund is received from the State Government. Further, plea taken by the University is that the University has not received any fund from the State Government against any individual name of petitioners. So far as current salary Is concerned, the plea of the University is that unless and until the fund is received from the State Government, it is not possible to make payment of salary. The University is not a fund generating organisation and depends upon the budgetary allocation/grant -in -aid of the State Government.;