The Patna High Court has ruled that all teachers of private degree colleges in Bihar who were appointed before April 19, 2007, are eligible for salary grants from the State Government. This applies regardless of whether the colleges received deficit grants or performance-based grants.
The Division Bench, consisting of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy, dismissed the State’s appeal and upheld an earlier Single Judge’s decision. The Court held:
“The distinction made by the State to limit the benefit only to teachers from colleges receiving grants based on performance is illusory and iniquitous.”
The case involved several teachers from affiliated private colleges who had approached the Court, seeking directions for the State to release funds through universities to pay their salaries. While earlier court orders were in their favor, the State had failed to implement them.
The Court referred to the 2015 amendment to Section 57-A of the Bihar Universities Act, 1976. According to sub-section 6:
“Teachers appointed before 19.04.2007, even without Bihar College Service Commission recommendation, shall be validated based on qualifications at the time of appointment, and the grant will be distributed through college Governing Bodies up to March 31, 2017.”
This timeline was later extended to March 31, 2018.
The teachers were initially appointed by their college Governing Bodies, without Commission approval, which had become impossible after the Commission was dissolved. A Selection Committee at the college level was later formed to review these appointments.
Most petitioners had been receiving salaries under deficit or performance-based grants until 2012. However, the State later introduced a policy to fund all colleges for staff salaries. Despite this, the State resisted providing grants to those not recommended by the Commission.
In its defense, the State argued that the 2015 amendment applied only to performance-based grant colleges. However, the Court rejected this narrow interpretation. It noted that the amendment aimed to regularize long-serving teachers whose appointments could not be validated due to the Commission's dissolution.
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“For financial grant purposes, the distinction between deficit grant colleges and performance grant colleges was unwarranted and reflected a blinkered approach,” the Court stated.
The Court reiterated that teachers, including retired ones, are entitled to full benefits under the UGC pay scale. Although the Single Judge initially gave the State one month to complete this process, the Division Bench extended the deadline to three months considering the extensive work involved.
In conclusion, both appeals filed by the State were dismissed. The High Court's judgment now mandates the State Government to act within three months to ensure eligible teachers receive their due salaries and pension benefits through the appropriate university channels.
Case Title: The State of Bihar & Others v. Ghanshyam Jha & Others along with The State of Bihar & Others v. Balram Pandey & Others
Case No.: Letters Patent Appeal No. 683 of 2023 in Civil Writ Jurisdiction Case No. 808 of 2019 along with Letters Patent Appeal No. 690 of 2023 in Civil Writ Jurisdiction Case No. 250 of 2019
