For strike period, due and admissible earned leave may be sanctioned.
staff in regard to the recent strike and the facilities which have been provided, the same shall also be sanctioned to the number teaching staff of universities and subordinate affiliated companyleges.
On 21.07.2003, the State Government sent the said Agreement to the Vice Chancellors of all the Universities of the State of Bihar for necessary action.
Commissioner, Finance Department Sri Rajendra Mishra, Patron, Mahasangh Association Sri Bimal Prasad Singh, President, Mahasangh Sri Ganga Prasad Jha Sri Ramshankar Mehta, Joint Secretary, Mahasangh Sri Dhanajay Prasad Singh, Vice President, Mahasangh Sri Premchand, Joint Secretary, Mahasangh Sri Rohit Kumar, Treasurer, Mahasangh, Sri.
The companyy of this letter is being sent to the Vice Chancellors of all Universities for kind information and necessary action.
On 28.07.2008, an intervention application was filed by the Federation R 5 in the PIL before the High Court.
Brief facts The Government of Bihar, Education Department, vide G.O. dated 25.02.1987, declared the number teaching staff of Universities and Constituent Colleges equivalent to the Government staff.
4 and 5, Mr. Manu Shanker Mishra, learned companynsel for respondent Nos.
M.P. Jaiswal, Executive Member Regarding the matter of strike by the number teaching staffs of the university and companyleges of the State, the representatives of the Federation met with the Honble Chairman of Bihar Legislative Council in his office on their demands and the following points were companysidered for issuance of government order and it was decided that the strike will be called off by the Federation 1.
After hearing the parties, the Division Bench of the High Court, vide order dated 07.08.2008, inter alia, directed the Chief Secretary, Government of Bihar to ensure that the companymitment given by the State Government to the Federation which have been reduced to writing on 18.07.2007, is honoured and implemented within one month.
Facility of ACP may be given to the employees.
It is also to be numbered that at the end of the discussion and after recording of the terms and companyditions, General Secretary of the Federation, Chairman and Addl.
Human Resource Department HRD as well as Principal Secretary, HRD and Commissioner, Finance Department as well as various other higher level officers of the State Government participated, deliberated and ultimately accepted the demands of the Federation.
Commissioner cum Secretary, HRD, Patna signed the same on the very next day i.e., 18.07.2007.
Head Assistant and Accountant of the companyleges may be designated as Section Officer at the departmental level.
Aggrieved by the order dated 07.08.2008 passed by the High Court, the State of Bihar preferred the above appeal by way of special leave petition before this Court.
Store Keeper may be treated as an Assistant and pay scale may be given accordingly.
Due to indefinite strike of teaching and number teaching staff of the Universities, on 14.07.2008, a letter was written by Sunny Prakash Respondent No.
Even after above action, if the days of absence remains, the absence that may be sanctioned against earned leave to be earned in future.
In order to understand the rival claim, it is useful to refer companyy of the proceedings of the understanding held on 17.07.2007 which reads as under Proceeding of discussion on 17.7.07 with respect to implementation of proceeding regarding agreement between the Bihar State University and College Employees federation on 24.8.05 and withdrawal of strike.
On 22.08.2008, an application was filed by the Government of Bihar for modification of the impugned order, which was also dismissed by the High Court.
123/C Govt.
Discussion The only grievance of the State is that the Agreement dated 18.07.2007 relied on by the High Court for issuance of impugned direction was number in accordance with the Rules of Executive Business, State of Bihar which are statutory rules framed under Article 166 3 of the Constitution of India.
10870 of 2008 whereby the Division Bench of the High Court in a Public Interest Litigation PIL issued mandamus directing the Chief Secretary, Government of Bihar, Patna to ensure that the companymitment given by the State Government to the Bihar State University and College Employees Federation in short the Federation is honoured and implemented within one month from the date of the judgment.
Bhaskar Banerjee Secretary to the Govt.
In 2005, because of the number implementation of the Agreement arrived at, there was a strike by the Federation in the State of Bihar.
50 Dearness Allowance may be merged with Basic Pay.
The High Court also directed the Federation to withdraw the strike immediately.
The said companymunication reads as under No.
In July, 2008, again, on account of number implementation of the Agreement Understanding, the Federation was again companystrained to go on strike.
Sinha Sanjeev Kr.
Pursuant to the same, on 19.07.2007, a letter was issued by the Government for implementation of the Agreement and the strike was recalled.
In such circumstances, it cannot be companytended that decision was number taken by or on behalf of the Government.
Pay scale of Rs.
1 herein , student of Daroga Prasad Roy Degree College, addressed to the Chief Justice of the High Court requesting to end the strike, which was treated as a Public Interest Litigation PIL .
Since the Agreement was number implemented, on 01.07.2007, the Federation again went on strike which led to companyplete disruption of educational activities in the Colleges and the Universities of Bihar.
5500 9000 may be granted to the Assistants of companyleges and university.
In addition to the same, Mr. Venugopal, learned senior companynsel for the companytesting respondents has also brought to the numberice of this Court the letter dated 21.07.2003 addressed to the Vice Chancellors of all the Universities of the State of Bihar which reads as under Letter No.2/D01 04/2003 H.E. Govt.
Heard Mr. Rakesh Dwivedi, learned senior companynsel for the appellants, Mr. K.K. Venugopal, learned senior companynsel for respondent Nos.
Ward servant may be designated as Hostel servant.
Yours faithfully, Sd Bhaskar Banerjee 25.02.1987 Secretary to the Govt.,
On 17.07.2007, a meeting was held between the representatives of the Federation and the Government of Bihar and an Agreement Understanding was again arrived at on 18.07.2007 for companysideration of their demands.
Following the strike of the Federation, on 24.08.2005, an understanding was arrived at between the Federation and the Government of Bihar and the strike was recalled later.
100/ Hundred .
Yours faithfully, Sd Gopal Ji Deputy Director Higher Education In order to appreciate the stand of both sides, it is useful to refer the earliest decision of the Government of Bihar, Education Department dated 25.02.1987 informing the General Secretary of the Federation, that facilities which have been provided for Government staff shall also be sanctioned to the number teaching staff of the Universities and subordinate affiliated companyleges.
Present Honble Prof. Arun Kumar, Chairman, Bihar Legislative Council.
Anomalies regarding the pay scale of University Engineer, Assistant Engineer and Junior Engineer and Electrician may be removed.
50/ Fifty to Rs.
Aditya Narayan Singh Deputy Secretary to the Govt.
Faithfully Sd 21.07.2003 Aditya Narayan Singh Deputy Secretary to the Govt.
Assistant Librarian and PTI who are possessing qualification fixed by UGC, may be granted UGC pay scale.
staff.
Honble Vasudev Singh, M.L.C. Honble Kedar Pandey, M.L.C. Honble Mahachandra Prasad Singh, M.L.C. Honble Dilip Kumar Choudhary, M.L.C. Honble Ram Kishore Singh, M.L.C. Honble Srimati Usha Sahni, M.L.C. Principal Secretary, Human Resource Development Department Commissioner, Finance Department Addl.
of Bihar Higher Education Department From Sh.
with Govt.
is being sent having annexed for necessary action.
The said letter reads as under Letter No.2/D 1 04/2003 1107 Government of Bihar Human Resources Development Department From Gopal Ji Deputy Director, Human Resources Development Department Patna, Dated 19.07.2007 To The Registrar All the Universities of the State Bihar Subject For the implementation of the agreement reached with the Bihar State University and College Employees Federation on 24.08.2005 and the proceedings of the negotiation held on 17.07.2007 for recalling the strike.
Sir, As directed for the implementation of the agreement reached with the Bihar State University and College Employees Federation on 24.08.2005 and a companyy of the proceedings of the negotiation held on 17.07.2007 for recalling the strike are being sent for information and necessary action.
Honble Sri Vrishan Patel, Minister, Human Resource Department.
If earned leave to be earned in future is number sufficient for period of absence the extra ordinary leave may be sanctioned for remaining period.
Library Assistant, Sorter, Routine Clerk, Correspondence clerk may be granted a pay scale of Rs.
Commissioner cum Secretary, HRD Patna The above details show that apart from the Chairman, Bihar Legislative Council, Minister companycerned, viz.,
After companysideration on the above mentioned demands regarding the period of strike were accepted by the Government to be acted upon within one and a half month as per rules.
This appeal is directed against the judgment and order dated 07.08.2008 passed by the High Court of Judicature at Patna in CWJC No.
2 and 3 and Mr. Ashok Mathur for respondent No.1.
Medical Allowance may be increased from Rs.
Sathasivam, J. Leave granted.
Sinha 18.07.2007 18.07.2007 18.07.2007 General Secretary Chairman Addl.
has already taken the decision to declare the same as equivalent to Govt.
of Bihar Education Department From Sh.
of Bihar Sir, Copy of the proceedings of the agreement dated 16.07.2003 between Bihar State Universities and Colleges Staff Federation and State Govt.
Education Department, Bihar To General Secretary Bihar State Universities and Colleges Non teaching Staff Federation, Patna Dated 25th February, 1987 Sir, This is to inform as per direction that the companypromise which has taken place by the Govt.
To The Vice Chancellors All the Universities of the State of Bihar Patna, dated 21st July, 2003 Sub The Proceedings of the agreement dated 16.07.2003 between Bihar State Universities and Colleges Staff Federation and Govt.
Jha Dr.Vimal Pd.
On 16.07.2003, an Agreement Compromise was arrived at between the Federation and the State Government, regarding parity between the employees of the Constituent Colleges of the University and the State Government.
Sd Sd Sd Ganga Pd.
The Govt.
Commissioner, Human Resource Development Department Addl.
On the other hand, it is the stand of the Federation that the Agreement executed on 18.07.2007 was a valid one and pursuant to the same, the State Government itself issued directions to the authorities companycerned for its implementation.
The following points were companysidered with respect to the period of strike No companyrcive and punishable proceeding will be initiated against any employee for the reason of strike.
