Pramath Patnaik, J. - (1.) In the instant writ application, the petitioners have sought for a direction to the respondents for release of salary from July, 1991 till April, 1995 and a part of the salary of May and June, 1991, which were not paid to the petitioners notwithstanding the orders passed by this Court in different writ applications.
(2.) The brief facts, as has been described in the writ application, is that earlier all the petitioners of the instant writ application have filed four separate writ petitions bearing C.W.J.C. No. 1907 of 1994 (R), C.W.J.C. No. 1910 of 1994 (R), C.W.J.C. No. 308 of 1995 (R) and C.W.J.C. No. 152 of 1995 (R), which were disposed of with a direction for release of the salary, as evident from Annexure-1 to the writ application. The petitioners having been appointed by the Governing body of the College on Grade III sanctioned posts and after being duly appointed, they have been working regularly to the utmost satisfaction of the respondents- authorities as per Annexure-2 series. It is relevant to mention that the College was a privately managed institution, which was affiliated College under the Ranchi University, therefore, the governing body of the College used to make appointments and administer the College in all respects. In the year 1986, the Government of Bihar by entering into an agreement with the Mandar College took over the said college. In pursuance to the order, passed vide Annexure-1 series, the University started paying the salary of the petitioners regularly after May, 1995 but the arrears of salary of the petitioners from July, 1991 to April, 1995 and some part of the salary for the month of May and June, 1991 were not paid to the petitioners for which the petitioners submitted representations before the Ranchi University and the College as well. After receipt of the representation, the Mandar College authorities forwarded the same to the Ranchi University calculating the amounts of arrears of salary of the petitioners as per Annexure-5 to the writ petition. In the year 1986, several Colleges including the Mandar College became the constituent College of the Ranchi University and the Hon'ble Supreme Court appointed Hon'ble Mr. Justice Agarwal to scrutinize the issue of constituent units of the University of the undivided State of Bihar, which were taken over in the year 1986. It has further been stated that before the scrutiny was made, the Ranchi University notified the list of non teaching staffs of Mandar College on 07.10.1988, wherein, the names of the petitioners found place against different posts, as evident from Annexure- 6 to the writ petition. Justice Agarwal's Committee's Report, which has been accepted by the Hon'ble Apex Court also held that the appointment of the petitioners are genuine and against the sanctioned posts. Being aggrieved by the non-payment of the arrears of salary, the petitioners left with no other alternative and efficacious remedy, have been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of their grievances .
(3.) Controverting the averments made in the writ application, a counter affidavit on behalf of the respondent nos. 1 to 3 has been filed. It has been stated and submitted in the counter affidavit that the petitioners are the non-teaching employees of the Mandar College, a newly converted constituent College and absorption of teaching and nonteaching staffs of this College and other colleges have recently been concluded and in compliance of the direction of the Hon'ble Supreme Court of India, the services of the teaching and non-teaching staffs have been absorbed in the Ranchi University only recently. It has further been submitted that on perusal of Annexure-1 series, it would appear that the names of the petitioners did not appear in the list of the State Government and as such, the take over/working of the petitioners was under cloud and ultimately, in the light of the order dated 18.05.1995, passed by this Hon'ble Court, the respondents were directed to pay the current salary. So far as the claim of the petitioners that they worked from July, 1991 to April, 1995 and the salary for the months of May and June, 1991, it is stated that the assertion of the petitioners after 15 years cannot be examined by the respondents-University since the University does not maintain the old records for more than 12 to 15 years and moreover, the writ petition is liable to the dismissed on the ground of delay and laches.;