The Lalit Narayan Mithila University, through its Vice Chancellor, Lalit v. Narayan Mithila University, Darbhanga
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8852 of 2006 ====================================================== Dr.Manjuwala Singh, W/o Abdhesh Prasad Singh, resident of Mohalla Chanakya Nagar, Mohammadpur, P.S. Begusarai Town, District Begusarai, presently posted as Reader in Sri Krishna Mahila College, Begusarai, a constituent unit of Lalit Narayan Mithila University, Darbhanga .... .... Petitioner/s 1. The State Of Bihar 2. The Secretary, Higher Education, Govt. of Bihar, Patna 3. The Lalit Narayan Mithila University, through its Vice Chancellor, Lalit Versus Narayan Mithila University, Darbhanga 4. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 5. The Registrar, Lalit Narayan Mithila University, Darbhanga 6. The Finance Officer, Lalit Narayan Mithila University, Darbhanga 7. The Principal, Sri Krishna Mahila College, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2561 of 2012 ====================================================== Arun Kumar Singh S/O Sri Dinesh Prasad Singh R/O Village- Sahit Garh, Post Office- Vidyapati Nagar, Police Station- Vidyapati Nagar, District- Samastipur Versus .... .... Petitioner/s Department Of Human Resources Development, 1. The State Of Bihar Through Its Chief Secretary, Bihar, Patna 2. The Secretary Government Of Bihar, Patna 3. The Director, Higher Education, Government Of Bihar, Patna 4. The Vice Chancellor Magadh University, Bodh Gaya, District- Gaya 5. The Registrar, Magadh University,Bodh Gaya, District- Gaya 6. The Principal/Principal Incharge Satyendra Narayan Sinha College, Jehanabad, District - Jehanabad .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.4115 of 2010 ====================================================== 1. Dr. Abdul Salam Ansari, son of late Md. Miyanjan Ansari, resident of mohalla Jaiprakash Nagar, Near Nala Road, New Masjit, P.S. Khagaria, District Khagaria, presently posted as Lecturer in the subject of Urdu in Koshi College, Khagaria 2. Dr. S.L. Tulsyan, son of Sri Pasupati Nath Tulsyan, resident of Central Bank Road, P.S. Khagaria, District Khagaria, presently posted as University Professor in the subject of Commerce in Koshi College, Khagaria 3. Dr. Md. Wasim, son of late Md. Bashiruddin, resident of College Quarters, Koshi College, P.S. Khagaria, District Khagaria, presently posted as University Professor in the subject of Physics in Koshi College, Khagaria 4. Dr. Ram Pujan Singh, son of late Sita Ram Singh, resident of Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 2 „Somitrayan‟ Mohalla Chitragupta Nagar, P.S. Khagaria District Khagaria, presently posted as University Professor in the subject of Hindi, in Koshi College, Khagaria 5. Dr. N.P.Thakur, son of late Mahendra Pd. Thakur, resident of „Kamalayan, Gulab Nagar, P.S. Sanhouli, District Khagaria, presently posted as Reader in the subject of Psychology at Koshi College, Khagaria 6. Dr. Hasib Alam, son of late Abdul Razzaque, resident of „Alam Manzil‟, Mohalla Jaiprakash Nagar, P.S. and District Khagaria presently posted as Reader in the subject of Commerce in Koshi College, Khagaria 7. Sri Ram Mohan Sinha, son of late Jagannath Prasad, Resident of Mohalla Ashok Nagar, P.S. and District Khagaria, presently posted as Reader in the subject of English in Koshi College, Khagaria 8. Sri Kashi Nath Mandal, son of late Bihari Mandal, resident of Mohalla Jaiprakash Nagar, M.G.Road, P.S. and District Khagaria, presently posted as Reader in the subject of Botany in Koshi College, Khagaria 9. Dr. Vijay Bihari Lal, son of late Mukund Bihari Lal, resident of Mohalla Bharti Nagar, P.S. and District Khagaria, presently posted as Reader in the subject of Zoology, in Koshi College, Khagaria 10. Sri Shiva Bilas Rai, son of late Ram Deo Rai, resident of Qr.No.4, Koshi College Campus, P.S. and District Khagaria, presently posted as Reader in the subject of Chemistry in Koshi College, Khagaria 11. Dr. Sanjeev Nandan Sharma, son of late Ramjee Sharma, resident of Mohalla Bhartinagar, Goshala Road, P.S. and District Khagaria, presently posted as Reader in the subject of History in Koshi College, Khagaria 12. Sri Tauswef Mohsin, son of Sri Tanqueer Mohsin, resident of at and P.O. Jalkaura, P.S. and District Khagaria, presently posted as lecturer in the subject of English in Koshi College, Khagaria 13. Dr. Raj Kumar Singh, late Sahdeo Singh, resident of Koshi College quarter, P.S. and District Khagaria- 851205, presently posted as Reader in the subject of Commerce in Koshi College, Khagaria .... .... Petitioner/s 1. The State Of Bihar 2. Sri Anjani Kumar, presently posted as Principal Secretary, Human Versus Resources Development Department, Govt. of Bihar, Patna 3. Sri N.K.Dubey, presently posted as the Vice Chancellor, T.M.Bhagalpur University, Bhagalpur 4. Dr. Rajeev Kumar, presently posted as the Registrar, T.M.Bhagalpur University, Bhagalpur 5. Sri B.P.Verma, presently posted as the Finance Officer, T.M.Bhagalpur University, Bhagalpur 6. Sri Janardan Sharma, presently posted as the Principal, Koshi College, Khagaria .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2948 of 2010 ====================================================== 1. Sumanga Das, son of late Khublal Das, resident of village Arara, Dharhara, P.S. Hajipur, District Vaishali, presently posted as Peon in S.K.Mahila College, Begusarai Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 3 2. Asha Jha, wife of late Amrendra Kumar, resident of Mohalla Krishnapuri, P.S. Begusarai, District Begusarai, presently posted as Librarian, S.K.Mahila College, Begusarai 3. Shambhu Mishra, son of late Lokesh Mishra, resident of village Begusarai, P.S. Begusarai, District Begusarai, retired from the post of Accountant, S.K.Mahila College, Begusarai 4. Kanhiya Prasad Singh, son of Sri Raj Kishore Prasad Singh, resident of village & P.O. Mahathi, P.S. Bibhutipur, District Samastipur, presently posted as Store Keeper in S.K.Mahila College, Begusarai 5. Neelam Lata Sinha, wife of late Sita Ram Chandra, resident of Mohalla Pokharia, P.S. Begusarai, District Begusarai, presently posted as Store Keeper in S.K.Mahila College Begusarai 6. Sushil Kumar Choudhary, son of late Keshav Prasad Choudhary, resident of village Bagbara, P.S. Begusarai, District Begusarai, presently posted as Cashier in S.K.Mahila College, Begusarai 7. Rekha Kumari, wife of late Abadh Kishore Singh, resident of Mohalla Ashok Nagar, Pokharia, P.S. Begusarai, District Begusarai, presently posted as Store Keeper in S.K.Mahila College, Begusarai 8. Ram Kishore, son of late Yugal Kishore Singh, resident of village Ratanpur, P.S. Begusarai, District Begusarai, presently posted as office Clerk in S.K.Mahila College, Begusarai 9. Nina Yadav, wife of Sri Permeshawar Prasad Yadav, resident of village Shaligrami, P.S. Sahebpur Kamal, District Begusarai, presently posted as Assistant in S.K.Mahila College, Begusarai 10. Dhanesh Prasad Rai, son of late Shivnandan Rai, resident of village Mallhipur, P.S. Bhagwanpur, District Begusarai, presently posted as Assistant in S.K.Mahila College, Begusarai 11. Gopal Kumar 12. Bhupal Kumar, both are sons of late Sita Devi and late Mahendra Singh, resident of village Sihma, P.S. Matihani District Begusarai, their mother was posted as Peon in S.K.Mahila College, Begusarai 13. Shankar Mahto, late Mandal Mahto, resident of village Bishanpur Mishratola, P.S. Begusarai, District Begusarai, presently posted as Peon in S.K.Mahila College, Begusarai 14. Ramakant Singh, son of late Satyanarayan Singh, resident of village Pokharia, P.S. Begusarai, District Begusarai, presently posted as Laboratory Peon in S.K.Mahila College, Begusarai 15. Satya Narayan Choudhary, son of late Manoj Choudhary, resident of village Bishanpur Bahor, P.S. Begusarai, District Begusarai, presently posted as Laboratory Peon in S.K.Mahila College, Begusarai 16. Rameshwar Bhagat, son of late Babu Lal Bhagat, resident of village Bariandhu, P.S. Begusarai, District Begusarai, presently posted as Laboratory Peon in S.K.Mahila College, Begusarai 17. Suresh Choudhary, son of late Ramashrya Choudhary, resident of village Navtol, P.S. Begusarai, District Begusarai, presently posted as Laboratory Peon in S.K.Mahila College, Begusarai 18. Chandradip Sahu, son of late Bhola Shahu, resident of village Harrkh, P.S. Begusarai, District Begusarai, presently posted as Peon in S.K.Mahila College, Begusarai 19. Jai Kishore Singh, son of late Saudagar Singh, resident of village Mahendrapur, P.S. Begusarai, District Begusarai, presently posted as Peon in S.K.Mahila College, Begusarai 20. Indu Devi, wife of Sri Matadin Das, resident of Dakbanglo Road, Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 4 Begusarai, P.S. Begusarai, District Begusarai, presently posted as Peon in S.K.Mahila College, Begusarai 21. Ram Sevak Kunwar, son of late Ram Lakhan Kunwar, resident of village Sirniya, P.S. Matihani, District Begusarai, presently posted as Peon in S.K.Mahila College Begusarai 22. Nago Mahto, son of late Mishri Mahto, resident of village Ratanpur Bishanpur, P.S. Begusarai, District Begusarai, presently posted as Gardener in S.K.Mahila College, Begusarai 23. Bishundeo Singh, son of late Jai Narayan Singh, resident of village Sahpur, P.S. Mufasil, District Begusarai, presently retired as Peon in S.K.Mahila College, Begusarai 1. State Of Bihar 2. Sri Dhananjay Kumar, the Director, Higher Education, Govt. of Bihar, Versus .... .... Petitioner/s New Secretariat, Patna 3. Smt. Padmasa Jha, presently posted as Vice Chancellor, L.N.M.University, Darbhanga 4. Sri Bimal Kumar, presently posted as Registrar L.N.M.University, Darbhanga 5. Sri Ashok Kumar Karan, the Finance Officer, L.N.M.U, Darbhanga 6. Dr. Jay Shankar Prasad, presently posted as Principal, S.K.Mahila College, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.18781 of 2010 ====================================================== 1. Smt. Usha Singh W/O Sri Krishna Sinha At Present Working As Lab. Incharge In Zoology Department, Nalanda Mahila College, Nalanda At Biharsharif 2. Smt. Rita Kumari W/O Sri Ramashish Prasad Sinha At Present Working As Lab. Incharge, Botany Department, Nalanda Mahila College, Nalanda At Biharsharif 3. Arbind Kumar Gupta S/O Late Kesho Sao At Present Working As Storekeeper In Geography Department, Nalanda Mahila College, Nalanda At Biharsharif 4. Smt. Pardil Devi D/O Sri Charitra Das At Present Working As Lab. Boy In Botany Department, Nalanda Mahila College, Nalanda At Biharsharif 5. Babita Kumari W/O Arun Kumar At Present Working As Storekeeper In Zoology Department, Nalanda Mahila College, Nalanda At Biharsharif 6. Radha Rani D/O Upendra Narayan Sharma At Present Working As Botany Department, Nalanda Mahila College, Nalanda At Biharsharif 7. Sudha Kumari D/O Late Laxman Prasad At Present Working As Storekeeper In The Department Of Chemistry, Nalanda Mahila College, Nalanda At Biharsharif 8. Faizur Rahman S/O Md. Fazlur Rahman At Present Working As Lab. Boy In The Department Of Geography, Nalanda Mahila College, Nalanda At Biharsharif 9. Md. Naqvi Imam S/O Moizuddin At Present Working As Storekeeper In The Department Of Music, Nalanda Mahila College, Nalanda At Biharsharif 10. Mahendra Prasad S/O Late Bishundhari Prasad At Present Working As Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 5 Lab. Boy In The Department Of Chemistry, Nalanda Mahila College, Nalanda At Biharsharif 11. Smt. Kaushalya Sao W/O Sri Ajay Krishna Gupta At Present Working As Lab. Incharge In The Department Of Geography, Nalanda Mahila College, Nalanda At Biharsharif 12. Navin Kumar S/O Rajeshwar Singh At Present Working As Clerk In Nalanda Mahila College, Nalanda At Biharsharif 13. Thakur Prasad Singh S/O Late Janki Prasad At Presetn Working As Lab. Incharge In The Department Of Chemistry, Nalanda Mahila College, Nalanda At Biharsharif 14. Manju Kumari D/O Rameshraya Singh At Present Working As Storekeeper In The Department Of Home Science, Nalanda Mahila College, Nalanda At Biharsharif 15. Raj Kumar Paswan S/O Late Bisheshwar Paswan At Present Working As Lab. Boy In The Department Of Physics 16. Sujita Kumari D/O Fardu Prasad At Presetn Working As Lab. Incharge In The Department Of Physics, Nalanda College, Nalanda At Biharsharif 17. Arun Kumar S/O Rajendra Prasad Singh At Presetn Working As Night Guard In The Nalanda Mahila College, Nalanda At Biharsharif 18. Ram Bhajju Ram S/O Late Prasaadi Rajak At Present Working As Lab. Boy In The Department Of Zoology, Nalanda Mahiloa College, Nalanda At Biharsharif 19. Raja Ram Rajak S/O Mewalal Rajak At Present Working As Lab. Boy In The Department Of Physics, Nalanda Mahila College, Nalanda At Biharsharif 20. Birendra Prasad Sharma S/O Late Yamuna Singh At Present Working As Storekeeper In The Department Of Physics, Nalanda Mahila College, Nalanda At Biharsharif 21. Smt. Meena Kumari D/O Sri Krishnandan Prasad Singh At Present Working As Lab. Incharge In The Department Of Psychology, Nalanda Mahila College, Nalanda At Biharsharif 22. Bachchu Singh S/O Jagdeo Pandit At Present Working As Lab. Boy In The Department Of Psychology, Nalanda Mahila College, Nalanda At Biharsharif .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Chancellor, Universities Of Bihar, Patna 3. The Principal Secretary Human Resources Development Department, Govt. Of Bihar, Patna 4. The Deputy Secretary Human Resources Development Department, Govt. Of Bihar, Patna 5. The Joint Secretary Human Resources Development Department, Govt. Of Bihar, Patna 6. The Magadh University Through Its Registrar, Bodh Gaya, Gaya 7. The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya 8. The Registrar, Magadh University, Bodh Gaya, Gaya 9. The Principal, Nalanda Mahila College, Nalanda At Biharsharif .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17667 of 2010 ====================================================== 1. Arun Kumar Singh S/O Late Ram Naresh Singh At Present Posted As Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 6 Reader In The Department Of Botany, D.S.M. College, Jhajha, P.S.- Jhajha, Distt.- Jamui 2. Raj Ranjan Singh S/O Late Nageshwar Prasad Singh At Present Posted As Reader And Head Of The Department Of Chemistry, D.S.M. College, Jhajha, P.S.- Jhajha, Distt.- Jamui 3. Hemant Kumar Jayaswal S/O Late Amitabh Kumar Jayaswal At Present Posted As Reader In Department Of Zoology, D.S.M. College, Jhajha, P.S.- Jhajha, Distt.- Jamui 4. Shri Prakash Jha S/O Shanti Nath Jha At Present Posted As Reader In Department Of Physics, D.S.M. College, Jhajha, P.S.- Jhajha, Distt.- Jamui .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Higher Education, Bihar, Patna 2. The Vice Chancellor Tilkamanjhi Bhagalpur University, Bhagalpur 3. Tilkamanjhi Bhagalpur University, Bhagalpur Through Its Registrar Distt.- Bhagalpur 4. The Auditor, Tilkamanjhi Bhagalpur University, Bhagalpur 5. The Principal, D.S.M. College, Jhajha, Distt.- Jamui .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.19022 of 2008 ====================================================== 1. Surendra Kumar Singh, son of late Gopi Nath Singh, village Bari Patan Devi Colony, Gulzarbagh, P.O. Gulzarbagh, P.S. Alamganj, District Patna 2. Radha Krishna Prabhat, son of late Mithila Prasad Sharma, village and P.O. Sonmai, P.S. Dhanarua, District Patna 3. Ramayan Sharma, son of late Deo Nandan Singh, village Mahusbigha, P.O. Sarata, P.S. Sakurabad, District Jehanabad 4. Chandra Shekhar Azad, son of late Rajeshwari Prasad Singh, village and P.O. Alawan, P.S. Parbalpur, District Nalanda 5. Chandra Bhushan Sharma, son of late Raghunath Prasad Sharma, village Dariapur, P.O. Nishchalganj, P.S. Ekangarsarai, District Nalanda 6. Sheo Nandan Prasad, son of late Kapildeo Singh, village Shahpur, P.O. Damodarpu, P.S. Chandi, District Nalanda .... .... Petitioner/s Versus 1. Magadh University, Bodh Gaya, P.O. and P.S. Bodh Gaya, District Gaya through the Registrar 2. Registrar, Magadh University, Bodh Gaya, P.O. and P.S. Bodh Gaya, District Gaya 3. Vice Chancellor, Magadh University, Bodh Gaya, P.O. and P.S. Bodh Gaya, District Gaya 4. State of Bihar, through the Principal, Secretary. Human Resources Development Department, Vikas Bhawan, Patna 5. Director (Higher Education) Bihar, Human Resources Development Department, Vikas Bhawan, Patna .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.3864 of 2010
Facts
Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 7 ====================================================== Dr. Dwarika Prasad Agrawal, son of late Moti Lal, resident of Lal Bag Colony, Tilka Manjhi Bhagalpur, District Bhagalpur, retired University Professor of English, T.N.B.College, Bhagalpur .... .... Petitioner/s Versus
Legal Reasoning
University as would be evident in the order of this Court in batch of these writ petitions passed on 8.12.2011, the relevant portion whereof reads as follows: “ Pursuant to the order of this Court dated 21.11.2011 it is only the Patna University, Veer Kunwar Singh University, Bihar University and Magadh University who have filed their affidavit stating full compliance of the earlier order. It is said that the aforesaid four Universities have submitted their complete requisition to the State Government against the head of arrears. Counsel appearing for B.N.Mandal University and the Tilka Manjhi Bhagalpur University has submitted that though the requisition has been submitted but it is not complete, inasmuch as certain units of the University have not been able to furnish required information to the University Headquarter. There is however no response from J.P.University and Kameshwar Singh Darbhanga Sanskrit University. In the aforementioned circumstances, while the authorities of the State Government cannot be faulted in not proceeding further but then disobedience on the part of the University of B.N.Mandal University, J.P.University, Tilka Manjhi Bhagalpur University and Kameshwar Singh Darbhanga Sanskrit University in terms of the earlier order of this Court dated 5.9.2011 and 21.11.2011 is writ large on the face of record. This court therefore would direct the Vice Chancellor and the Registrar of all the aforementioned Universities, i.e. B.N.Mandal University, Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 31 J.P.University, Tilka Manjhi Bhagalpur University and Kameshwar Singh Darbhanga Sanskrit University for their personal appearance on the next day. This Court would also direct the Finance Officer/ Financial Controller of the aforesaid four Universities to stop payment of their salary of their respective Vice Chancellor and the Registrars till further orders from this Court. In view of the fact that the learned counsel for B.N.Mandal University and Tilka Manjhi Bhagalpur University have claimed that their Universities have partly complied the order of this Court dated 5.9.2011 and 21.11.2011 it will be open to them to file an affidavit sworn by the respective Registrar reporting full compliance, whereafter this Court will pass further orders on next day. List all these cases on 9th of January, 2012 at the top of the list under the same heading. In the meantime, the State Government may at least proceed with regard to those Universities, namely, Patna University, L.N.Mithila University, Veer Kunwar Singh University, Bihar University and Magadh University who have claimed to submit their full and final requisition against the payable arrears.” 8. When these cases were again heard on 10th January, 2012 and it was conveyed to this Court by all the Universities that the requisition by all the Universities on the head of arrears of salary of teaching and non-teaching staff of all the Universities Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 32 had been submitted to the State Government, an order was passed on 10.1.2012, the relevant portion whereof reads as follows: “ The counsel representing J.P.University, Bhagalpur University, B.N.Mandal University and Kameshwar Singh Darbhanga Sanskrit University having filed their respective affidavits have taken a stand that the requisition for release of fund by way of compliance of the order of this Court dated 5.9.2011 has been made and that there is now nothing more to be demanded by any of the Universities on the head of arrears of salary of the teaching and non-teaching employees of the University and its constituent Colleges. Mr. Lalit Kishore, learned AAGI, appearing on behalf of the State, on the last day had undertaken that a final decision with regard to release of requisite amount of funds for clearing arrears of salary of the teaching and non-teaching employees of the University would be taken within a period of one month from the date of receipt of the requisitions from the respective Universities. As noted above, now all the Universities have taken a plea that the full and final requisition for release of fund for clearing arrears of salary have already been made and therefore, the aforesaid period of one month if even not had commenced earlier (in view of submission of requisition by the other Universities like Mithila University, Bihar University, Patna University, Veer Kuwar Singh University and Magadh University) would begin from today. At this stage Mr. Lalit Kishore, learned AAGI, would submit Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 33 that now when the Government had received requisition from the all the Universities, the verification thereof is being made and he will revert back to this Court with a clear instruction as to how the Government intends to liquidate the arrears within a period of two weeks.” 9. When these cases were again taken up on 25.1.2012 learned counsel for the State had sought for adjournment to file an affidavit for bringing on record the Governmental decision as with regard to release of the amount in view of requisition submitted by different Universities pursuant to the earlier order of this Court. Unfortunately on 16.2.2012 in the affidavit filed on behalf of the State Government a stand was taken that the Registrar of different Universities had not submitted full details of the requisition and surprisingly counsel for the Universities who had earlier claimed that the Universities had given all the details to the Director of Higher Education had once again sought time for furnishing the details as would be evident from the relevant portion of the order of this Court dated 16.2.2012 which reads as follows: “ From the affidavit it appears that the information as desired by the government has not yet been fully supplied by all the Registrars of different Universities though they were individually informed about them. Details of such individual meeting with each of the Registrars barring Bhagalpur University, B.N.Mandal University and J.P.University have also been given in Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 34 the affidavit. The proceedings of such meeting with the representatives of the different universities in the office of Director, Higher Education would go to show that the concerned University could not furnish desired information as requires by the State Government. Learned counsel for the different Universities appearing in all these cases, on taking instruction from their Registrar have submitted that such information as desired by the government will be furnished within two weeks from today. The Director, Higher Education upon receipt of the individual information is directed to make scrutiny of the respective claim of the different universities as soon as they are received in his office. In other words the moment one university will fulfil the desired information its case will be examined by the Director, Higher Education so that the entire exercise in this regard comes to end within a period of four weeks from today. The Director, Higher Education in the event of not completing the exercise will have to give an explanation to this Court for not completing the task. At this stage, Mr. Lalit Kishore, A.A.G.1 also submits that the task is quite difficult and it would be better if there is a high level committee constituted by this Court for deciding the claim of payment of arrears of all the teaching and non-teaching staffs of different universities. He has prayed for a week‟s adjournment to inform this Court as with regard to his proposal on the issue of constitution of a separate committee for different universities. Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 35 That being so while the aforementioned exercise by the Universities and Director, Higher Education will continue, the learned AAG is allowed a week‟s time to inform this Court about the constitution of committee.” 10. Thus, the order dated 16.2.2012 by itself would be an evidence of the fact that neither the officials of the State Government nor of the Universities were in a position to ascertain the actual entitlement of the petitioners and other teaching and non-teaching employees of different Universities whose arrears of salary either as a whole or in part had remained unpaid for almost last 30 years. The situation did not get any better because on the one hand the Universities were making their requisition of fund on hypothetical basis, while the officials of the State Government were calculating and releasing the amount on an adhoc basis. The concept of the Committee, therefore, was the creation of the State Government itself for deciding the claim of payment of arrears of all the teaching and non-teaching employees of different Universities. The earnest, however, shown by the learned AAGI for constitution of such Committee was reflected when he had produced a copy of letter No. 319 dated 22.2.2012 sent to him by the Joint Secretary of the Education Department informing that the State Government had constituted a three man Committee headed by Mr. V.S.Dubey, a retired IAS Officer for determining the claim Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 36 of payment of arrears of all the teaching and non-teaching employees of different Universities of Bihar. This Court having recorded the aforementioned aspect in the order dated 23.2.2012 had allowed the prayer of the learned AAGI for submitting Terms of Reference of the Committee as also manner of its functioning. It, however, took learned AAGI a period of more than two months to produce the notification constituting the Committee and when it was produced on 26.4.2012 this Court had passed the following orders: “ Today, when the case has been taken up Mr. Lalit Kishore, learned AAGI has filed an affidavit enclosing notification constituting the Committee. Learned counsel for the petitioners with reference to the terms of reference of the Committee pray that these cases should be listed after three months by which time the Committee is expected to examine the matter and submit its report. A liberty has also been sought by them to permit the petitioners to appear before the Committee for placing their grievance. This Court would accordingly give liberty to the petitioners to appear and produce evidence in support of their claim before the Committee.” 11. Unfortunately when the case was listed after expiry of the period of three months on 1.8.2012 in which period the Committee was supposed to take its decision, it got transpired from the submission of the learned counsel for the petitioners that Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 37 the Committee had not even started functioning and in such circumstances this Court had passed its order on 1.8.2012, the relevant portion whereof reads as follows: “ Heard Mr. Girijesh, A.C to AAG-I, who has submitted that neither he nor his office has any instructions as with regard to further progress made by the Committee. He has sought an adjournment for a period of two weeks in order to apprise this Court of further progress made by the Committee. Counsel for the petitioners in different cases have submitted that the Committee till date has not started functioning. If that be so let the Principal Secretary of the Education Department not only file a clear affidavit as with regard to the day wise actions taken from 24.06.2012 and till date but also appear in person on next date to explain the whole situation.” 12. On the next day i.e. 22.8.2012 the learned AAGI had informed this Court that for the reasons beyond control the Committee could not start functioning because of expiry of a period of three months but then he had assured that the Committee shall start functioning from 5th September, 2012. Such an assurance given by the learned AAGI, however, was strongly objected to by the learned counsel for the petitioners but then in view of assurance given by the learned AAGI that the Committee shall complete task within a period of three months i.e. 5.12.2012, this Court had again granted three months time in its order dated Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 38 22.8.2012, the relevant portion whereof reads as follows: “ While Mr. Rajendra Prasad Singh, learned Senior counsel appearing on behalf of some of the petitioners, has a serious doubt about the statement being made today by the Mr. Lalit Kishore, learned AAG-I, as with regard to possible functioning of the Committee within a period of fortnight, Learned AAGI on his part having instruction from the Principal Secretary of Higher Education, who also is present in Court, submits that the Committee will start its functioning with effect from 5th September, 2012, the Teachers Day. Mr. Lalit Kishore, however, has an apprehension that the initial notification dated 24th April, 2012 constituting the Committee had given a tenure of only three months which may be wrongly construed by any person to mean that such tenure has already come to an end on account of expiry of three months. In the considered opinion of this Court such apprehension expressed by the learned AAGI seems to be wholly misconceived, inasmuch as the clause fixing the tenure in the notification dated 24.4.2012 is quite clear which says that the tenure of the Committee shall be of a period of three months and does not give any beginning point much less from the date of notification. In that view of the matter, if the Committee will start its functioning on 5th September, 2012 it will automatically have a tenure atleast upto 5th December, 2012. This Court accordingly believes that the actions Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 39 taken by the Committee in the period of three months i.e. upto 5.12.2012 will be brought to the notice of the Court on the next day.” 13. The period of three months, however, was also lost, inasmuch as nothing was done in the intervening period and when the cases were listed on 2nd January, 2013 this Court had to take a very serious view of the matter by recording as follows: “ From the affidavit filed today by the State it does not transpire as to what was done by the Committee in its tenure of three months. In fact it appears that the Committee is still at the stage of finalizing its terms of reference. That being so, this Court would direct the Principal Secretary of the Department to file a compact affidavit giving day-wise details of the steps taken by the Government and the Committee in furtherance to the order of this Court dated 24.4.2012. The Principal Secretary of the Department also must remain present in person alongwith the relevant records and files.” 14. On 9.1.2013 Mr. Lalit Kishore, learned AAGI, having secured presence of the Principal Secretary of the Education Department had sought adjournment for apprising this Court as with regard to settlement of the claim of the petitioners in a time bound phase and when these cases were heard again on 16.1.2013 the Principal Secretary of the Education Department had sought leave to file a supplementary counter affidavit in the Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 40 light of the deliberations which were held on 16.1.2013. 15. Today when the cases have been listed the learned AAGI had filed his third supplementary counter affidavit on behalf of the State Government in compliance of the order of this Court dated 16.1.2013 wherein the deponent Dr. Sitaram Singh, the Director of Higher Education, apart from the other things had stated as follows: “4. That in this connection, it is humbly submitted that the Cabinet has approved the modification in the terms of reference of the Committee and further extended its tenure for six months which may be extended as per the requirement of the Committee or as per the work load of the Committee. 5. That on 16.1.2013 submission was made by the Principal Secretary, Education Department wherein it was submitted that the pay verification cell in the Education Department is at the advance stage of its formation. 6. That in the light of the submission and discussion before this Hon‟ble Court on 16.1.2013, the Department has further considered to add point of reference in the notification of the Committee. The proposal is that if any University employee is aggrieved by the verification done by the pay verification cell he can approach the Committee for redressal of his grievance and the Committee will be competent to decide (accept or reject) such claims. 7. That it is stated and submitted that the aforesaid Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 41 proposal has been approved by the Hon‟ble Minister, Education Department and the same is under process for obtaining approval from the Department of Finance.” 16. The Principal Secretary of the Education Department is also present today and has informed this Court that the Verification Cell will start functioning within a period of four weeks from today i.e. on or before 28.2.2013. 17. Mr. Lalit Kishore, learned AAGI, on receiving instruction from the respondents including the Principal Secretary of the Education Department has submitted that the Verification Cell shall complete the verification of pay scale of the concerned aggrieved teacher within a period of four weeks from the date of filing of the claim by the concerned teaching and none-teaching staff before the Verification Committee. He has also informed that such order or decision of the Verification Cell shall be amanable before the three men Committee constituted by the State Government headed by Mr. V.S.Dubey. He has expected the hope that the three men Committee will also ensure expeditious disposal of any of the claim made before the three men Committee within a period of eight weeks from the date of filing of such claim before the three men Committee. 18. On a query made by this Court from the Principal Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 42 Secretary of the Education Department as with regard to implementation of the decision taken by the three men Committee it has been assured that either the decision of the three men Committee will be implemented within a period of eight weeks or appropriate remedy as available in law, if necessary, will be taken against such decision of the Committee in the same period. 19. In view of above this Court would direct the Principal Secretary of the Education Department to notify its aforementioned decision in the newspaper so that the aggrieved teachers/ non-teaching staff of different Universities having their any claim or grievance with regard to pay fixation or any like issue arising out of the pay fixation only is filed their claim before the Verification Cell. 20. It will be open for the Principal Secretary to lay down the norms and manner filing of such claim as also nominate an officer who will receive such claim and place it before the Verification Cell. Detailed procedure with regard to dealing the claims by the Verification Cell within specified time limit would also be made public for information of the concerned teacher/ non- teaching employees of all the Universities of the State. In such notice the availability of redressal form of three men Committee shall also be made known with details of person receiving such Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 43 claim on behalf of three men Committee. 21. Counsel for the petitioners in these cases have agreed to file their compact claim within a period of four weeks from today before the three men Committee. The Committee thereafter shall make its all endeavors to dispose of such claim of the petitioners of these cases preferably within a period of three months from the date of filing of their claim. 22. It goes without saying that the three men Committee while either allowing or rejecting the claim shall pass a reasoned order within the aforesaid time frame and communicate it to the University as also to the concerned teaching/non-teaching emloyee. 23. Before parting with it is made clear that once a decision is taken in the case of the petitioners by the three men Committee the same shall be either implemented within a period of next two months or the petitioners in the same period will be informed about any remedy being availed by the State government and/or any other aggrieved person against such order of the three men Committee. 24. As would be evident, from the stand taken by the State Government in these cases it appears to be serious in settling the claim of payment of arrear of salary of all the teaching and Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 44 non-teaching employees of different Universities. In fact the Verification Cell and the three man Committee have been created by the State Government for this very purpose and the Principal Secretary of the Education Department in person has assured that the case of each and every writ petitioner will be first decided before the cases of other non-petitioners teaching or non-teaching employees of the Universities would be taken up. 25. As a matter of fact this Court is not in a position to do job of an Accountant which in the peculiar facts and circumstances have to be done at the level of the State Government, inasmuch as the State Government has to release fund of the requisite amount for clearing its liability towards payment of arrear and current salary of teaching and non-teaching employees. The Scheme under the Bihar State Universities Act and Patna University Act which obliges the State Government to make payment of salary of teaching and non-teaching employees also envisages that the Government has to be wholly satisfied with regard to actual entitlement of such teaching and non-teaching employees of all the Universities. The actual entitlement of teaching and non-teaching employees cannot be decided only on the basis of one sided decision taken by the Universities because either grant of pay scale for a particular post or promotional Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 45 avenues is also well circumscribed by the provisions made in the Bihar State Universities Act and Patna University Act and the Statutes framed thereunder. 26. It is true that the State Government cannot disown its actual liability towards making payment of legitimate amount of salary and emoluments as has been sanctioned in its various orders issued from time to time. The State Government in fact also cannot take the plea of non-release of fund by the University Grants Commission for clearing its such liability because whatever may be internal arrangement made by the State Government for arranging the funds by way of release of grant or assistance from the University Grants Commission or any other agency, it is the duty of the State Government to make payment of salary and emoluments of each and every teaching and non- teaching employees of the Universities who have been appointed or promoted against a sanctioned post in terms of Section 35 of the Bihar State Universities Act or Section 35 of the Patna University Act. 27. Thus, both the Verification Cell constituted by the State Government as also the three men Committee will specifically go into the question of entitlement of each and every petitioner and also in respect of each and every other aggrieved Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 46 teaching and non-teaching employees of different Universities in the light of the relevant provision of the Act and Statutes framed thereunder. In the event the Verification Cell or the three man Committee will find any pay fixation made by the University to be illegal it will record its specific reason for the same by arriving at its own conclusion in course of fixing the actual entitlement of salary of the concerned teaching and non-teaching employees. As noted above, the decision of the three man Committee will be binding subject to the provision of judicial review by this Court either at the instance of teaching/ non-teaching employees or the State Government. 28. It will be also open for the State Government to take up the cases of all the constituent Colleges and other wings of the Universities with a view to ascertain its total liability towards the sanctioned post of teaching and non-teaching employees for each of them so that in future also this question of entitlement for teaching and non-teaching employees of different Universities becomes final which in turn may enable the State Government to release actual amount required for payment of salary and emoluments to the legally appointed/ promoted teaching and non- teaching employees of different Universities. Since the Principal Secretary of the Human Resources Development Department has Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 47 himself assured this Court that the Verification Cell of the State Government is to continue in its functioning for determining the actual entitlement, it is hoped and believed that the State Government will also ascertain its total financial commitment towards each and every teaching and non-teaching employees of different Universities of the State of Bihar. Once the State Government completes its exercise it will also circulate its decision to the respective Universities for each and every constituent College/ other wings covering the total number of teaching and non-teaching post of all the Universities and the Universities will thereafter strictly follow those decisions of the State Government in the matter of requisitioning fund in future in order to avoid a similar situation which has virtually crippled the functioning of the University on account of financial crunch relating to payment of salary and emoluments of its teaching and non-teaching employees. 29. Additionally, this Court would also direct the Universities to strictly abide by the provision of Sections 48, 49, 51 and 53 of Patna University Act corresponding to Sections 47, 48, 50 and 53 of the Bihar State Universities Act. The State Government on its part shall similarly fulfil its obligation as contemplated under sections 47, 49 and 54 of the Patna University Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 48 Act and its corresponding provision made in Sections 46, 48 and 54 of the Bihar State Universities Act. 30. It has to be kept in mind by the authorities of both the State Government and different Universities that the amount of salary and emoluments of teaching and non-teaching staff payable to the teaching and non-teaching employees of different Universities has to be made strictly in accordance with the provision of the Act and the Statutes and therefore, the State Government cannot deprive the Universities of the legitimate amount required for payment of salary and emoluments to the teaching and non-teaching staff working within the sanctioned strength nor the authorities of the Universities can indulge into making payment of any amount towards the salary and emoluments which is not permissible under the University Laws and the Statutes framed thereunder as per the Government notification fixing such pay and emoluments. The maintenance of financial discipline, therefore, has to be strictly followed by both the authorities of the State Government and the Universities so that a similar situation as is now being faced by the teaching and non-teaching staff of different Universities of the State of Bihar does not re-emerge and/or recur in future. 31. With the aforementioned observations and Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 49
Arguments
1. The State Of Bihar 2. Sri Anjani Kumar Singh, son of not known to the petitioner, presently posted as Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. Dr. Prema Jha, wife of not known to the petitioner, presently posted as the Vice Chancellor, Tilka Manjhi University, Bhagalpur 4. Sri Rajiv Ranjan Singh, son of not known to the petitioner presently posted as the Registrar, Tilka Manhi University, Bhagalpur 5. Sri Bhagwan Prasad Verma, son of not known to the petitioner, presently posted as the Finance Officer, Tilka Manjhi University, Bhagalpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.14701 of 2006 ====================================================== Md.Kamaluddin, son of late Maulir Md. Isa Saheb, resident of Mohalla Chak Rahmat (East), P.O. Lalbagh, Darbhanga, P.S. L.N.M.U. Campus, District Darbhanga .... .... Petitioner/s 1. The State Of Bihar 2. The Secretary, Higher Education, Govt. of Bihar, Patna 3. Lalit Narayan Mithila University through its Vice Chancellor, Versus Darbhanga 4. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 5. The Registrar, Lalit Narayan Mithila University, Darbhanga .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15805 of 2006 ====================================================== Dr.Ajay Kumar Rukhaiyar, son of late Brajeshwar Prasad, C-49, Vishwanath Nagar, P.O. Begusarai, P.S. Begusarai, District Begusarai, presently posted as head of the Department of Physics, S.K.Mahila College, Begusarai, a constituent unit of L.N.Mithila University, Darbhanga .... .... Petitioner/s 1. The State Of Bihar 2. Secretary cum Commissioner, Human Resources Development Versus Department, Govt. of Bihar, New Secretariat, Patna 3. Lalit Narayan Mithila University, through its Vice Chancellor of Lalit Narayan Mithila University, Darbhanga 4. The Registrar, Lalit Narayan Mithila University, Darbhanga 5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga .... .... Respondent/s ====================================================== Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 8 with Civil Writ Jurisdiction Case No.16594 of 2007 ====================================================== Baidya Nath Chaudhary, son of late Surya Narayan Chaudhary, resident of Mohalla Professor Colony, Power House Road, Begusarai, P.S. Begusarai, District Begusarai .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Versus Govt. of Bihar, Patna 3. Lalit Narayan Mithila University, Darbhanga through its Vice Chancellor 4. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 5. The Registrar, Lalit Narayan Mithila University, Darbhanga 6. The Finance Officer, Lalit Narayan Mithila University, Darbhanga 7. The Principal, G.D.College, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2985 of 2007 ====================================================== 1. Sujit Kumar 2. Sanjeet Kumar 3. Sandeep Kumar 4. Son of Usha Sharma, and late Suresh Prasad Singh, resident of Mohalla Chanakya Nagar, P.S. Begusarai, District Begusarai, presently posted as Reader in subject of Economics in S.K.Mahila College, Begusarai, a constituent unit of Lalit Narayan Mithila University, Darbhanga .... .... Petitioner/s 1. The State Of Bihar 2. Secretary cum Commissioner, Human Resources Development Versus Department, Govt. of Bihar, New Secretariat, Patna 3. Lalit Narayan Mithila University, through its Vice Chancellor of Lalit Narayan Mithila University, Darbhanga 4. The Registrar, Lalit Narayan Mithila University, Darbhanga 5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga 6. The Principal, S.K.Mahila College, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3027 of 2007 ====================================================== Krishna Devi, wife of Ram Kumar Prasad Singh, resident of village Manjhaul, P.S. Manjhaul, District Begusarai, presently posted as Reader in subject of Zoology in S.K.Mahila College, Begusarai, a constituent unit of Lalit Narayan Mithila University, Darbhanga .... .... Petitioner/s 1. The State Of Bihar 2. Secretary cum Commissioner, Human Resources Development Versus Department, Govt. of Bihar, New Secretariat, Patna Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 9 3. Lalit Narayan Mithila University, through its Vice Chancellor of Lalit Narayan Mithila University, Darbhanga 4. The Registrar, Lalit Narayan Mithila University, Darbhanga 5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga 6. The Principal, S.K.Mahila College, Begusarai .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.10244 of 2006 ====================================================== Sarojanand Jha, son of late Nityanand Jha, resident of village Jhanjharpur, P.S. Jhanjharpur, District Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary Higher Education Department, Govt. of Bihar, New Secretariat, Patna 2. Lalit Narain Mithila University through its Vice Chancellor, Kameshwar Nagar, Darbhanga 3. The Registrar, Lalit Narain Mithila University, Kameshwar Nagar, Darbhanga 4. The Finance Officer, Lalit Narain Mithila University, Kameshwar Nagar, Darbhanga 5. The Principal, Lalit Narain Janta College, Jhanjharpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3946 of 2007 ====================================================== 1. Non Teaching Staffs Association, Sri Mahanth Satanand Giri College, Sherghati, Gaya through its Secretary 2. Ram Sakal Singh, son of late Ramchandra Singh, Secretary, Non Teaching Staffs Association, Sri Mahanth Satanand Giri College, Sherghati, Gaya District Gaya, resident of village Bengahi, P.S. Tandwa, District Aurangabad .... .... Petitioner/s 1. The State Of Bihar 2. The Commissioner cum Secretary, Higher Education Department, Govt. Versus of Bihar, New Secretariat, Patna 3. The Magadh University, Bodh Gaya, District Gaya through its Registrar 4. The Vice Chancellor, Magadh University, Bodh Gaya, District Gaya 5. The Registrar, Magadh University, Bodh Gaya, District Gaya 6. The Finance Officer, Magadh University, Bodh Gaya, Gaya .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.9097 of 2011 ====================================================== 1. Ajay Pratap Sinha Lt. Gyaneshwar Pd. Posted At R.D.& D.J. College, Shastri Nagar, P.S. Kashim Bazar Town & Distt. Munger 2. Shiv Kumar Jha Sri Jagdish Jha, Reader In The Deptt. Of Political Science,Posted At R.D.& D.J. College, Shastri Nagar, P.S. Kashim Bazar Town & Distt. Munger Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 10 3. Bimal Kishore Singh Lt. Balram Singh Reader In The Deptt. Of History, Posted At R.D.& D.J. College, Shastri Nagar, P.S. Kashim Bazar Town & Distt. Munger 4. Devendra Kumar Lt. Siya Sharan Singh Reader In The Deptt. Of Geography, Posted At R.D.& D.J. College, Shastri Nagar, P.S. Kashim Bazar Town & Distt. Munger 5. Mira Jalan D/O Lt. Devi Lal Jalan Reader In The Deptt. Of Hindi All the above are Posted At R.D.& D.J. College, Shastri Nagar, P.S. Kashim Bazar Town & Distt. Munger .... .... Petitioner/s Versus 1. Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar 2. The Vice Chancellor, T.M.Bhagalpur University, Bhagalpur 3. The Pro-vice Chancellor, T.M.B.University, Bhagalpur 4. The Registrar, T.M.B. University, Bhagalpur 5. The Finance Officer, T.M.B.University, Bhagalpur 6. The Principal, R.D. & D.J.College, Shastri Nagar, P.S. Kashim Bazar, Town and District Munger 7. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 8. The Director, Higher Education, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 9. The Incharge State Government Auditors Team, posted at T.M.B.University, Bhagalpur .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1134 of 2010 ====================================================== Nagendra Prasad Singh S/O Late Sambhu Prasad Singh R/O Mohalla Professor Colony, Alalpatti, P.S. Laheria Sarai, Distt.- Darbhanga Versus .... .... Petitioner/s 1. Anoop Mukherjee, The Chief Secretary, State Of Bihar, Patna 2. Anjani Kumar Singh, Secretary, Department Of Human Resource Development (Higher Education), Govt. Of Bihar, Patna 3. Dr. Smt. Padmasa Jha, The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Dr. Vimal Kumar, The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. S.V.K.Chinnam, The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2728 of 2010 ====================================================== 1. Bihar Rajya Universtities & Colleges Non-Teaching Staff Union,G.D Collge, Begusarai Through Its Present Secretary Shri Manoj Kumar Mishra S/O Late Shri R.K. Mishra Resident Of Village/ Mohalla- Lohia Nagar, Police Station- Lohia Nagar, District- Begusarai. 2. Manoj Kumar Mishra, Present Secretary Of Union In Question S/O Late Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 11 Shri R.K. Mishra Resident Of Mohalla- Lohia Nagar, Police Station- Lohia Nagar, District- Begusarai. .... .... Petitioner/s Versus 1. R.J.M.Pillai S/O name not known, Chief Secretary, Government Of Bihar, Patna. 2. Dr. Anjani Kumar Singh S/O name not known, Commissioner-Cum- Secretary, Human Resources Department, Government Of Bihar, Patna. 3. L.M. Mishra Mithila Universtiy, Kameshwar Nagar, Darbhanga, Through Its Registrar Namely Vimal Kumar 4. Dr. Padmosha Jha D/O name not known, Vice Chancellor, L.N. Mishra Mithila University, Kameshwar Nagar, Darbhanga. 5. The Registrar, L.N. Mishra Mithila University, Kameshwar Nagar, Darbhanga. Namely Vimal Kumar, so of name not known 6. The Principal, G.D. College, Begusarai Namely Chandra Dhanu Pratap Singh, son of name not known .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3875 of 2009 ====================================================== Ashok Kumar Shahi, son of late Brij Mangal Prasad Shahi, resident of village Beruraj, P.O. Baruraj, P.S. Baruraj, District Muzaffarpur, Assistant R.B.B.M.College, Muzaffarpur .... .... Petitioner/s Versus 1. B.R.Ambedkar Bihar University, Muzaffapur through the Registrar 2. The Registrar, B.R.Ambedkar Bihar University, Muzaffarpur 3. Vice Chancellor, B.R.Ambedkar Bihar University, Muzaffarpur 4. Principal, Ram Briksha Benipuri Mahila College, Muzaffarpur 5. State of Bihar through the Principal Secretary, Human Resources Development Department, Vikas Bhawan, Patna .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2677 of 2011 ====================================================== Ram Lakhan Singh, son of late Chhedi Singh, resident of village + P.O. Sahiya, P.S. Wajirganj, in the District of Gaya .... .... Petitioner/s 1. Magadh University Bodh Gaya Through Its Registrar 2. Arvind Kumar, son of not known to the petitioner, Vice Chancellor, Versus Magadh University, Bodh Gaya, District Gaya 3. D.K.Yadav, son of not known to the petitioner, Registrar, Magadh University, Bodh Gaya, District Gaya 4. Srinivas Srivastava, son of not known to the petitioner, Finance Officer, Magadh University, Bodh Gaya, District Gaya 5. The State of Bihar through Sri Anup Mukherji, Chief Secretary, Govt. of Bihar, Patna .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2401 of 2010 Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 12 ====================================================== Kiran Shankar Prasad, son of late Maya Shankar Prasad, resident of Mohalla Preofesson Colony, Hanumanganj, P.S. Darbhanga Town, District Darbhanga .... .... Petitioner/s Versus 1. L.N.Mithila University, Kameshwar Nagar, Darbhanga through its Registrar 2. Smt. Padmasha Jha, W/o name not known, the Vice Chancellor, L.N.Mathila University, Darbhanga 3. Prof. Vimal Kumar, son of name not known, the Registrar, L.N.Mithila University, Darbhanga 4. Dr. Kameshwar Jha, son of father‟s name not known, Principal, C.M.College, Darbhanga 5. The State of Bihar .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16114 of 2007 ====================================================== Smt.(Dr.)Vimla Kumari, D/o late Guru Prasad Singh, and wife of Late Kamala Kant Chaudhary, resident of Mohalla Kankarbagh, D-Block Qr.No.123, People‟s Co-operative Colony, Patna-20 retired from Ram Lakhan Singh Yadav College, Bakhtiyarpur, District Patna .... .... Petitioner/s Versus 1. The State Of Bihar through Commissioner cum Secretary, Education Department, Bihar Patna New Secretariat, Bailey Road, Patna 2. The Vice Chancellor Magadh University, Bodh Gaya, Gaya 3. The Registrar, Magadh University, Bodh Gaya, Gaya 4. The Secretary, Higher Education, New Secretariat, Bailey Road, Patna 5. The Principal, R.L.S.Y.College, Bakhtiyarpur, Patna .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2561 of 2011 ====================================================== 1. Bijay Kumar Singh son of late Rajendra Singh, resident of village and Post Chaita, P.S. Papri Dayal, District East Champaran 2. Shiv Narayan Singh, son of late Kartik Prasad Singh, resident of village Chandradih, P.S. Dhoria, District Banka 3. Nagendra Kishore Singh, son of Nageshwar Singh, resident of village Dumri Baiji, P.S. Patahi, District East Champaran 4. Yogendra Baitha, son of Shri Jhinni Baitha, resident of village Chaita P.S. Papri Dayal, District East Champaran 5. Moharram Mistry, son of Shri Amin Mistry, resident of village Sishua, P.S. Banjaria, District East Champaran 6. Ramashish Ram, son of late Adlat Ram, resident of village Dhaka, P.S. Motihari, Muffasil, District East Champaran 7. Mahindra Singh, son of late Narsingh Singh, resident of village Janwara, P.S. Govindganj, District East Champaran 8. Shatrughan Singh, son of late Ram Raj Singh, resident of village Ishawari, P.S. Bikramganj, District Rohtas Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 13 .... .... Petitioner/s Versus 1. The State Of Bihar through Mr. Anjani Singh, the Principal Secretary, (Higher Education) Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 2. Mr. Jitendra Prasad, Joint Secretary, (Higher Education) Human Resources Development Department, Govt. of Bihar, Patna New Secretariat, Patna 3. Mr. Rajendra Mishra, Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur 4. Mr. Vijay Shankar Yadav, Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur 5. Mr. J.N.P.Srivastava, Finance Officer, Babasaheb Bhimrao Ambedkar the University Campus, in Bihar University, having his office Muzaffarpur 6. Mr. Nagendra Narain Singh, Principal, S.N.S.College, Motihari .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3857 of 2008 ====================================================== 1. Non Teaching Employees Association, B.R.B. College, Samastipur through its Secretary Ram Bharosh Sharma, resident of Mohalla Kashipur, P.O. Kashipur, P.S. Samastipur, District Samastipur 2. Ram Bharosh Sharma, son of Sri Saryug Sharma, Typist, B.R.B.College, Samastipur, resident of Mohalla + P.O. Kashipur, P.S. Samastipur (T), District Samastipur 3. Kapileshwar Baitha, son of late Ram Bhagat Baitha, resident of Mohalla Adarsh Nagar, P.O. + P.S. Samastipur, District Samastipur 4. Arun Kumar Gupta, son of late Ram Chandra Sah, Accountant, B.R.B.College, Samastipur, resident of Old Post Office Road, P.O. + P.S. + District Samastipur 5. Ram Sakal Yadav, son of late Surat Lal Yadav, U.D.Assistant, B.R.B.College, Samastipur, resident of village + P.O. Adharpur, P.S. Samastipur (M), District Samastipur 6. Rudra Narayan Singh, son of late Shudhisth Narayan Singh, Assistant Librarian, B.R.B.College, Samastipur, resident of village + P.O. Shambhupatti, P.S. Samastipur (M), District Samastipur 7. Yogendra Roy, son of late Ram Jee Roy, Store Keeper, B.R.B.College, Samastipur, resident of village = P.O. + P.S. Hasanpur, District Samastipur 8. Lal Bahadur Roy, son of Late Ram Narayan Roy, Store Keeper, B.R.B.College, Samastipur, resident of village + P.O. Chatauna, P.S. Samastipur (M), District Samastipur 9. Bishwanath Roy, son of late Ram Bahadur Roy “Amin”, U.D.Assistant, B.R.B.College, Samastipur, resident of village Gangapur, P.O. + P.S. Sarairanjan, District Samastipur 10. Yogendra Yadav, son of late Kanik Yadav, Assistant, B.R.B.College, Samastipur, resident of village Birha, P.O. + P.S. Sosera, District Samastipur 11. Kapildeo Roy, son of late Bindeshwar roy, Clerk cum Typist, B.R.B.College, Samastipur, resident of village Sarmostpur, P.O. + P.S. Sakra, District Muzaffarpur Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 14 12. Bharat Roy, son of late Babulal Roy, Librarian, B.R.B.College, Samastipur, resident of village Jitwarpur, P.O. Jitwarpur, P.S. + District Samastipur 13. Brahmanand Roy, son of late Mishri Roy, Clerk, B.R.B.College, Samastipur, resident of village Azadnagar, P.O. + P.S. + District Samastipur 14. Bishnudeo Yadav, son of late Ram Lakhan Yadav, Assistant village resident Accountant, B.R.B.College, Samastipur, Mokhtiarpur, P.S. + P.O. Bachhwara, District Begusarai of 15. Surya Narayan Yadav, late Sonelal Yadav, Clerk, B.R.B.College, Samastipur, resident of village Azadnagar, P.O. + P.S. + District Samastipur son of 16. Madan Roy, son of late Ram Narayan Roy, General Store Keeper, B.R.B.College, Samastipur, resident of village Dhanhar, P.O. + P.S. Warisnagar, District Samastipur 17. Jagat Roy, son of late Maujilal Roy, Store Keeper, B.R.B.College, Samastipur, resident of village Ropauli, P.O. + P.S. Sarairanjan, District Samastipur 18. Raghu Nandan Pandit, son of late Bhatu Pandit, Account Clerk, B.R.B.College, Samastipur, resident of village Bahadurpur, P.O. + P.S. +District Samastipur 19. Vinod Kumar Das, son of late Chandra Kant Das, Typist, B.R.B.College, Samastipur, resident of village + P.O. Rasulpur, P.S. Sarairanjan, District Samstipur 20. Ram Prakash Prasad, son of late Sri Lal Prasad, Steno, B.R.B.College, Samastipur, resident of village Adarsh Nagar, P.O. + P.S. + District Samastipur 21. Binay Kumar Yadav, son of late Rasik Lal Yadav, Shorter, B.R.B.College, Samastipur, resident of village Azadnagar, P.O. + P.S. + District Samastipur 22. Satya Narayan Thakur, son of late Muneshwar Thakur, P.T.I. B.R.B.College, Samastipur, resident of village + P.O. Mohisari, P.S. Ujiyarpur, District Samastipur 23. Suresh Singh, son of late Raghunath Prasad Singh, Clerk, B.R.B.College, Samastipur, resident of village + P.O. Punpun, P.S. Punpun, District Patna 24. Dangal Kumar Singh, son of late Ramdhari Singh, P.T.I. B.R.B.College, Samastipur, resident of village Adarshnagar, P.O. + P.S. + District Samastipur 25. Gayatri Devi, son of late Mahesh Roy Pritam, Clerk, B.R.B.College, Samastipur, resident of Mohalla + P.O. Kashipur, P.S. + District Samastipur 26. Narayan Poddar Anand, son of late Dorik Poddar, Demonstrator, B.R.B.College, Samastipur, resident of village + P.O. Mathanapur, P.S. Warisnagar, District Samastipur 27. Ram Narayan Prasad Chaurasia, son of late Ram Bujhawan Chaurasia, Demonstrator, B.R.B.College, Samastipur, resident of village + P.O. Dasua, P.S. Ujiarpur, District Samastipur 28. Satya Narayan Yadav, son of late Sangam Lal Yadav, Demonstrator, B.R.B.College, Samastipur, resident of village Azadnagar, P.O. + P.S. + District Samastipur 29. Ram Bilas Roy, son of late Rameshwar Roy, Demonstrator, B.R.B.College, Samastipur, resident of village Rajpur, P.O. + P.S. Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 15 Ujiarpur, District Samastipur 30. Ram Chandra Roy, son of late Ramfal Ri, Demonstrator, B.R.B.College, Samastipur, resident of village + P.O. Birsingpur, P.S. Kalyanpur, District Samastipur 31. Harish Chandra Prasad Singh, son of late Anirudh Prasad Singh, Assistant, Librarian, B.R.B.College, Samastipur, resident of village + P.O. Chhatauna, P.S. + District Samastipur 32. Ashok Kumar Jha, son of late Sadanand Jha, Store Keeper, B.R.B.College, Samastipur, at present posted at Samastipur College, Samastipur, resident of village + P.O. Dhurlakh, P.S. + District Samastipur 33. Sukhdeo Roy, son of late Dihal Roy, Peon, B.R.B.College, Samastipur, resident of village + P.O. Dahia Agadhar, P.S. Angarghat, District Samastipur 34. Lal Bahadur Roy, son of late Saryug Roy, Nigh Guard, B.R.B.College, Samastipur, resident of village Mohanpur, P.O. + P.S. + District Samastipur 35. Ramashrey Roy, son of late Nachari Roy, Nigh Guard, B.R.B.College, Samastipur, resident of village + P.O. + P.S. Hayaghat, District Darbhanga 36. Bisheshwar Ram, son of late Sukhdeo Ram, Sweeper, B.R.B.College, Samastipur, resident of Mohalla + P.O. Kasipur, District Samastipur 37. Deonaryan Roy, son of Shri Sonelal Roy, Lab Boy, B.R.B.College, Samastipur, resident of village Bishnama Tula, P.O. + P.s. Angarghat, District Samastipur 38. Chandeshwar Sahni, son of late Dorik Sahni, Lab Boy, B.R.B.College, Samastipur, resident of village Mathmapur, P.O. + P.S. Warisnagar, District Samastipur 39. Ram Chandra Roy, son of late Ram Saraon Roy, Peon, B.R.B.College, Samastipur, resident of village BirhnamaTula, P.O. + P.S. Angarghat, District Samatipur 40. Nageshwar Roy, son of late Ram jee Roy, Lab Boy, B.R.B.College, Samastipur, resident of village Birhnama Tula, P.O. + P.S. Angarghat, District Samatipur 41. Yogi Mahto, son of late Lachhu Mahto, peon, B.R.B.College, Samastipur, resident of Mohalla + P.O. Kashipur, P.S. + District Samastipur 42. Ram Dular Roy, son of Sri Sonelal Roy, Peon, B.R.B.College, Samastipur, resident of village Birhnama Tula, P.O. + P.S. Angarghat, District Samastipur 43. Ram Swarth Roy, son of late Mahendra Roy, Peon, B.R.B.College, Samastipur, resident of village + P.O. Hasanpur, P.S. + District Samastipur 44. Ram Udgar Rajak, son of late Darbari Rajak, Peon, B.R.B.College, Samastipur, resident of village Mahnagya, P.O. + P.S. Dalsingsarai, District Samastipur 45. Guneshwar Roy, son of late Chhabu Roy, Peon, B.R.B.College, Samastipur, resident of village Barhnama Tula, P.O. + P.S. Angarghat, District Samastipur 46. Nagendra Roy, son of late Sukh Lal Roy, Peon, B.R.B.College, Samastipur, resident of village + P.O. Manipur, P.S. Warisnagar, District Samastipur 47. Ram Deo Roy, son of late Harakh Bhagat, Peon, B.R.B.College, Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 16 Samastipur, resident of village + P.O. Adharpur, P.S. + District Samastipur 48. Heman Roy, son of late Sant Lal Roy, Peon, B.R.B.College, Samastipur, resident of village + P.O. Jatwarpur, P.S. + District Samastipur 49. Bindeshwar Sahni, son of late Dorik Sahni, Peon, B.R.B.College, Samastipur, resident of village + P.O. Mathurapur, P.S. Warisnagar, District Samastipur 50. Jailal Roy, son of late Chalitra Roy, Night Guard, B.R.B.College, Samastipur, resident of village + P.O. Garuara, P.S. and District Samastipur 51. Mohan Kumar, son of late Kusheshwar Sah, Peon, B.R.B.College, Samastipur, resident of Mohalla Kashipur, P.O. + P.S. + District Samastipur 52. Kalyan Kumar Singh, son of late Deo Naryan Singh, Peon, B.R.B.College, Samastipur, resident of village Shambhupatti, P.O. + P.S. + District Samastipur 53. Chhotan Kumar Pathak, son of late Krishna Deo Pathak, Peon, B.R.B.College, Samastipur, resident of village + P.O. Lakhaura, P.S. Nautan, District East Champaran 54. Shadhu Sararan Roy, son of late Chhagan Roy, Peon, B.R.B.College, Samastipur, resident of village + Post Bande, P.O. + P.S. Mashrigharari, District Samastipur 55. Birlal Ram, son of late Nandu Ram, Peon, B.R.B.College, Samastipur, resident of village + Post Lakhaura, P.S. Nautah, District East Champaran 56. Ram Rekha Sahni, son of late Anant Sahni, Peon, B.R.B.College, Samastipur, resident of village + Post Lakhaura, P.S. Nautah, District East Champaran 57. Gopal Prasad Bhagat, son of late Nemchand Bhagat, Peon, B.R.B.College, Samastipur, resident of village + P.O. Rahikpur Thilla Mohan, P.S. Simvaha, District Araria 58. Shashi Kant Jha, son of late Ramakant Jha, Peon, B.R.B.College, Samastipur, resident of village + P.O. Thatia, P.S. Rosera, District Samastipur 59. Vijendra Pd. Singh, son of late Purnedra Prasad Singh, Peon, B.R.B.College, Samastipur, resident of village + P.O. + P.S. Alamngar, District Madhepura 60. Pawan Kumar Jha, son of Late Mahanand Jha, Peon, B.R.B.College, Samastipur, resident of Mohalla Adarshnagar, P.O. + P.S. + District Samastipur 61. Gopal Kumar Jaiswal, son of late Bhup Narayan Jaiswal, Peon, B.R.B.College, Samastipur, resident of village Adarshnagar, P.O. + P.S. + District Samastipur 62. Ajeet Ram, son of late Pitambe Ram, Peon, B.R.B.College, Samastipur, resident of village + P.O. Pataili, P.S. Ujiarpur, District Samastipur 63. Md. Wahidul Haque, son of Md. Washul Haque, Peon, B.R.B.College, Samastipur, resident of Mohalla Lakhisarai, P.O. + P.S. Laheria sarai, District Darbhanga 64. Rajendra Prasad Yadav, son of late Kanik Yadav, peon, B.R.B.College, Samastipur, resident of village Bhirha, P.O. + P.S. Rosera, District Samastipur 65. Sudama Devi, wife of late Shiv Kumar Roy, Peon, B.R.B.College, Samastipur, resident of village Mohanpur, P.O. + P.S. + District Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 17 Samastipur 66. Nabonath Mishra, son of late Kantir Mishra, Peon, B.R.B.College, Samastipur, at present posted at R.N.College Pandaul, Madhubani, resident of village + P.O. Narpattinagar, P.S. Sakri, District Madhubani 67. Ram Pratap Yadav, son of late Sundar Yadav, Lab Boy, B.R.B.College, Samastipur, at present posted at R.K.College, Madhubani, resident of village Chasuta, P.S. Benipatti, District Madhubani 68. Shankar Thakur, son of Sri Ram Lakhan Thakur, Lab Boy, B.R.B.College, Samastipur, at present psoted at Samastipur College, Samastipur 69. Kapil Deo Sah, son of late Ganga Sah, Lab Boy, B.R.B.College, Samastipur, at present posted at Samastipur College, Samastipur 70. Bacheshwar Thakur, son of late Bahadur Thakur, Lab Boy, B.R.B.College, Samastipur, at present posted at Samastipur College, Samastipur 71. Shubhas Chandra Prasad, son of late Thakur Sah Prasad, Lab Boy, B.R.B.College, Samastipur, at present posted at Samastipur College, Samastipur 72. Hari Narayan Baitha, son of late Sukan Baitha, Lab Boy, B.R.B.College, Samastipur, at present posted at Samastipur College, Samastipur, 68 to 72 resident of village Azadnagar, P.O. + P.S. + District Samastipur 73. Upendra Das, son of late Siya Ram Das, resident of village + P.O. Lakhaura, P.S. Nautan, District West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through Chief Secretary, Bihar, Patna 2. The Secretary, Higher Education, Department of Education, Bihar, Patna 3. The Lalit Narayan Mithila University, Darbhanga 4. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 5. The Registrar, Lalit Narayan Mithila University, Darbhanga 6. Finance Officer, Lalit Narayan Mithila University, Darbhanga 7. Account Officer, Lalit Narayan Mithila University, Darbhanga 8. Principal, B.R.B.College, Samastipur 9. Principal, Samastipur College, Samastipur 10. Principal, R.N.College, Pandaul, Madhubani 11. Principal, R.K.College, Madhubani .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2402 of 2012 ====================================================== Dr. Ram Kumar Mandal Son Of Late Shiv Narayan Mandal Reader, Department Of Botany, Science College, Patna, Patna University, Presently Residing At Professor'S Quarter No. 01/4. Rani Ghat, Mahendru, Infront Of Dr. Arun Tiwari, P.S. Sultanganj, District-Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development (Higher Education), Government Of Bihar, Patna 2. The Patna University Through Registrar, Ashok Raj Path, Patna 3. The Vice Chancellor, Patna University, Ashok Raj Path, Patna 4. The Registrar, Patna University, Ashok Raj Path, Patna Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 18 5. The Finance Officer, Patna University, Ashok Raj Path, Patna 6. The Tilka Manjhi Bhagalpur University Through Registrar, Bhagalpur 7. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 8. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 9. The Finance Officer, Tilka Manjhi Bhagalpur Univeristy, Bhagalpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6879 of 2007 ====================================================== 1. Dr.M.Azamgeer @ Dr.M. Alamgir, son of Amiruddin Anshari, resident of Mohalla New Colony Dharampur, Samastipur 2. Dr. H.M.Anis, son of Hafize Ahmad Hussain, resident of Mohalla C.P.S. Campus Azad Chawk Tajpur Road, Samastipur 3. Dr. Abdur Rauf, son of S.K.Abbas resident of Mohalla Shaikhtoli Samastipur All P.S. Samastipur (T), District Samastipur ... .... Petitioner/s Versus 1. The State Of Bihar through the Commissioner cum Secretary, Higher Education, Govt. of Bihar, Patna 2. The Vice Chancellor, Lalit Narayan Mithila University, Kaneshwar Nagar, Darbhanga 3. The Registrar, Lalit Narayan Mithila University, Kaneshwar Nagar, Darbhanga 4. The Finance Officer, Lalit Narayan Mithila University, Kaneshwar Nagar, Darbhanga 5. The Principal, Samastipur College, Samastipur .... .... Respondent/s ====================================================== Appearance : (In CWJC No.8852 of 2006) For the Petitioner/s : Mr. Shivendra Kishore, Sr.Adv. For the Respondent/s : Mr. Lalit Kishore, AAGI (In CWJC No.2561 of 2012) For the Petitioner/s : Mr. Shivendra Kishore, Sr.Adv. For the Respondent/s : Mr. Lalit Kishore, AAGI (In MJC No.4115 of 2010) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Sc21) (In MJC No.2948 of 2010) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Sc1) (In CWJC No.18781 of 2010) For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent/s : Mr. (Aag3) (In CWJC No.17667 of 2010) For the Petitioner/s : Mr. Viveka Nand Singh For the Respondent/s : Mr. (Ga5) (In CWJC No.19022 of 2008) For the Petitioner/s : Mr. Ajay Kumar Gautam Mr. Awadheshwar Prasad Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 19 For the Respondent/s : Mr. (Gp20) Mr. Yugal Kishore (In MJC No.3864 of 2010) For the Petitioner/s : Mr. V.K.Singh For the Respondent/s : Mr. (Ga10) (In CWJC No.14701 of 2006) For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr. (Gp15) Mr. Shankar Kumar Thakur Mr. T.N.Maitin Mr. Nivedita Nirvikar (In CWJC No.15805 of 2006) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Gp3) Mr. T.N.Maitin (In CWJC No.16594 of 2007) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Gp9) Mr. Shail Kumari Jha (In CWJC No.2985 of 2007) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Gp19) Mr. Partha Sarthy Mr. T.N.Maitin (In CWJC No.3027 of 2007) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Gp17) Mr. Nivedita Nirvikar Mr. T.N.Maitin (In CWJC No.10244 of 2006) For the Petitioner/s : Mr. Ashok Kumar Prasad, Adv. Mr. Prabhas Ranjan, Adv. For the Respondent/s : Mr. Lalit Kishore, AAGI (In CWJC No.3946 of 2007) For the Petitioner/s : Dr. Kislay, Adv. For the Respondent/s : Mr. Vinay Kirti Singh Mr. Vinay Kumar Verma, SCV (In CWJC No.9097 of 2011) For the Petitioner/s : Mr. Sanjiv Sharan For the Respondent/s : Mr. Ravindra Kr Choubey Sc8 (In MJC No.1134 of 2010) For the Petitioner/s : Mr. Amarendra Narayan For the Respondent/s : Mr. (Sc23) Mr. Shail Kumari Jha Mr. P.N.Shahi (In MJC No.2728 of 2010) For the Petitioner/s : Mr. Ranjan Kumar Singh For the Respondent/s : Mr. Lalit Kishore, AAGI (In CWJC No.3875 of 2009) For the Petitioner/s : Mr. Ajay Kumar Gautam Mr. Awadheshwar Prasad Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 20 For the Respondent/s : Mr. (SC-8) Mr. A.B.Sinha Mr. Harendra Kumar Tiwary (In MJC No.2677 of 2011) For the Petitioner/s : Mr. Shiw Kumar Prabhakar For the Respondent/s : Mr. Subhash Pd. Singh GA-7 (In MJC No.2401 of 2010) For the Petitioner/s : Mr. Suraj Narayan Yadav Mr. Ritu Shekhar Mr. Dinesh Kumar For the Respondent/s : Mr. Pushkar Narain Shahi (In CWJC No.16114 of 2007) For the Petitioner/s : Mr. Ram Padarath Singh For the Respondent/s : Mr. (GA-5) Mr. Vivekanand Kumar Mr. Yugal Kishore (In MJC No.2561 of 2011) For the Petitioner/s : Mr. Ambarnath Banerjee For the Respondent/s : Mr. Shyam Kishor Sharma GA-3 (In CWJC No.3857 of 2008) For the Petitioner/s : Mr. Aditya Prakash Sahay For the Respondent/s : Mr. (SC-20) Mr. Aparna Bharti Mr. T.N.Maitin Mr. Nivedita Nirvikar (In CWJC No.2402 of 2012) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. Digvijay Singh Mr. B.J.Jha, (In CWJC No.6879 of 2007) For the Petitioner/s : Mr. Ranjan Kumar For the Respondent/s : Mr. (GP-5) Mr. T.N.Maitin ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 25 30-01-2013 Heard counsel for the parties. 2. In the batch of these writ petitions the basic question involved is actual entitlement of payment of salary of the petitioners teaching and/or non-teaching employees of the various Universities. 3. This Court had passed interim orders from time to Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 21 time in these cases for finalizing the amount of entitlement but then conflicting stands were taken by the learned counsel for the University and the learned counsel for the State. In this regard it would be useful to quote the order of this Court dated 12.7.2011 which was passed in C.W.J.C.No. 8852/2006, the relevant portion whereof reads as follows: “ The whole dispute in this case now boils down to payment of admitted arrears of salary of the petitioner of the period prior to 1.1.1986. It is for this period that the learned counsel for the University, having perused the letter dated 8.5.2011 received by him from the Law Officer of the University, has taken a categorical stand that the State Government had never released fund for making such payment. The State Government on the other hand has not filed its counter affidavit in this case till today and in fact has always remained under the usual impression that in all the cases relating to the service condition of the teachers of the University, it is the University which alone is answerable. That however is not a correct position either on fact or in law, inasmuch as, in the matter of payment of salary, it is the State Government, who will have to come out with a clear picture as with regard to the entitlement and release of fund for payment of such salary as per the entitlement. Filing of an affidavit, however, may not solve the issue in hand, inasmuch as, both the authority of the University as also the State Government have to arrive their conclusion on the basis of records. If from the record, it Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 22 can be established that the State Government had sanctioned and released fund for payment of revised salary for the period prior to 1.1.1986, it is the University which will then have to give explanation for not making payment thereof to the concerned employees of the University including the petitioner. But, on the other hand, if the State Government till date has not released payment of amount for the period prior to 1.1.1986, the University cannot be held responsible for not paying difference of salary for the aforementioned period. This court, in order to get this controversy resolved, would direct the registrar of the university to sit across the table with director, higher education and the two authorities, on the basis of examination of relevant records, would come to their conclusion as with regard to the release of fund for payment of revised salary of the petitioner for the period prior to 1.1.1986. It is made clear that even if the two authorities would differ in their opinion, their such difference of opinion shall be recorded in the joint notes of proceeding, which shall be also accompanied with relevant documents/records. The director, higher education will, thereafter, shall personally swear and file his counter affidavit enclosing such joint notes of the proceeding.” 4. The expectation of the Court, however, was completely belied by the officials of the State Government and the University. In fact the personal appearance of the officials of the University and the State Government also did not improve the Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 23 situation as may be found in the order of this Court dated 27.7.2011 passed in C.W.J.C.No. 8852/2006 and its some of the analogous cases which reads as follows: “ Pursuant to the previous order the Registrar of Lalit Narayan Mithila University and the Director of Higher Education are present in person. By filing an affidavit the State Government through the Director of Higher Education, Patna has sought to convey that the ban on payment of arrears of salary/difference of salary for the period prior to 01.01.1986 has been revoked and now the Universities have been directed to make such payment to the concerned persons. There is however no averment in the counter affidavit in question as to wherefrom payment of such arrears of salary will be made for the aforesaid period by the University. In other words has the Government had already released the fund for payment of such salary for the period prior to 01.01.1986 to Lalit Narayan Mithila University and/or other Universities or such fund is yet to be released by the Government. There is complete silence on this crucial aspect in the counter affidavit filed by this State. That is not the end of the matter. Even in respect of payment of salary for this period after 01.01.1986, it is the definite and common case of the petitioners and the Universities that sufficient funds have not been granted by the State Government and in fact the payment of arrears to petitioners and others have been withheld only Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 24 on account of paucity of fund. The Director of Higher Education appearing in person however, has stated before this Court that the Government is very seriously contemplating to release necessary fund for payment of such arrears and in fact camps are also being organized in each of the University to clear such arrears of salary/retirement benefits of the teaching and non- teaching employees of the Universities. Such a rosy picture given by the Director High Education could have inspired some confidence if there was no objection on behalf of the petitioners or even the Universities to the aforementioned stand of the Director of Higher Education, Patna. Counsel for the petitioners and counsel for the University however, have conveyed in no uncertain terms that there has never have been release of fund in full in any of the previous financial years as a result whereof the dues have been piling and increasing year after year and infact the University financial administration is in complete mess. The Director of Higher Education, in such a situation has sought for six weeks time to file a clear affidavit as to how much amount the government owes to all the Universities for making the payment of salary/retirement benefits to the teaching and non teaching employees of each of the Universities and the manner in which it intends to release such fund within a schedule period of time. He however, submits that in order to file such affidavit it would be also necessary for all the Universities to give exact requisition of funds which may enable them to clear its total outstanding arrears of salary Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 25 and pension till July 2011 to teaching and non-teaching employees of all the Universities. This court accordingly directs the Director of Higher Education, to evolve his own methodology to get such requisition of funds from all the Universities, inasmuch as, this court would like the Government through the Director of Higher Education, to file a clear affidavit as to what is the present position with regard to the allotment of the fund to the University and how much fund had already been given so that this court may be also apprised of the time phased programme of the Government for release of the balance amount of the University.” 5. The aforesaid exercise, however, remained inconclusive, inasmuch as the authorities of the State Government and the authorities of the University could not reach to any positive conclusion, an aspect which was gone at length in course of next hearing of this Court on 5.9.2011 wherein apart from the other things this Court had recorded as follows: “ Mr. Lalit Kishore, learned AAGI appearing on behalf of the State, has submitted that after detailed deliberations all the Universities have been sent letter no. 2095 dated 17.8.2011 for submitting their requisition for fund in a prescribed proforma and that the State will be in a position to release funds for making payment of arrears of salary of the teaching and non-teaching employees of the Universities and its constituent Colleges only after examining justifiability Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 26 of such requisition received in terms of the aforesaid letter of the State Government dated 17.8.2011. He has assured this Court that such exercise can be completed by the State within a period of one month from the date of receipt of requisition from the Universities. Counsel appearing on behalf of the Universities led by Mrs. Nivedita Nirwikar appearing for L.N.Mithila University and Mr. Ashok Kumar Keshari, learned counsel appearing on behalf of Tilka Manjhi Bhagalpur University have stated that some of the information sought in the letter of the State Government dated 17.8.2011 would require re- verification of the amount entitled to each of the individual working and/or retired teaching/ non- teaching employee and therefore, even when the officials of the University have already started this exercise, the same cannot be completed in a hurry. In this regard Mrs. Nirwikar has cited the example of the petitioner of C.W.J.C.No. 10244/2006 and has stated that though the University had calculated the dues of salary of Mr. Jha to be 3,01,000/- but on auditing by the Govt. Auditors the same was reduced to Rs. 1,88,363/- only. This Court has noted the aforesaid elucidation of Mrs. Nirwikar in order to appreciate the magnitude of the gigantic task which has to be completed by each of the university before submitting its requisition for release of funds by way of reply to the letter of the Director Higher Education dated 17.8.2011 inasmuch as such requisition of fund has to be made by each of the University for clearing the Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 27 arrears of at least last 25 years if not more. Considering these aspects, this Court would accede to the prayer of the learned counsel appearing on behalf of the Universities and would grant them time upto 17th October, 2011 by which day all the Registrars of the all Universities of this State must send their requisition in terms of the letter of the Human Resources Development Department dated 17.8.2011. Any of the Registrar of the Universities of this State who would fail to comply this direction will become liable for being proceeded under the provisions of contempt of court Act 1971. The Registrar for completing this task will have full power to assign duty to any of the employees of the University/College and also jurisdiction to cancel leave of any of such employees whose services is essential for preparation and sending requisition to the State Government in terms of aforesaid letter no. 2095 dated 17.8.2011. Such an exercise therefore must be completed within the aforementioned period failing which the Registrars and/or the concerned Officer and employee of the University will become directly answerable to this Court. Once such requisition of fund made by all the universities becomes available to the State Government in the Human Resources Development Department on or before 17.10.2011 the Director Higher Education with the help of its teem of officials and employees must make individual assessment of such requisition and file his affidavit in this Court on Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 28 or before 18th November, 2011 clearly indicating the manner in which it proposes to liquidate the arrears of payment of salary of each and every working or retired teaching and non-teaching employees of the University and its constituent Colleges upto March, 2011. While this one time exercise is being directed to be made by this Court with a hope and belief that the unending problem of payment arrears of salary of the working as well as retired teaching and non-teaching employees of all Universities and its constituent Colleges will come to an end, nothing said in this order shall come in the way of the Government/ Universities in also releasing/paying adhoc prorata payment on the basis of existing allocation of funds for liquidating such arrears of salary and emoluments of teaching and non-teaching employees including the petitioners.” 6. As a matter of fact the unending shifting of the blame by the authorities of the State Government on the officials of the University and vice versa had continued as may be evident in the order of this Court dated 21.11.2011, the relevant portion whereof reads as follows: “ In view of the affidavit filed today by the Director of Higher Education it is really unfortunate for this Court to note that barring Mithila University none of the other Universities have complied the order of this Court dated 5.9.2011. Such callous attitude of the Vice Chancellor and the Registrar of those Universities Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 29 (barring Mithila University) will only reflect their inefficiency and incompetence to hold their office. This Court for the time being would not like to say anything more, inasmuch as the counsel for all the defaulting Universities have given an undertaking before this Court that the Universities will comply the order of this Court dated 5.9.2011 within a period of two weeks from today. This Court, therefore, would adjourn the matter for a period of two weeks in which time each and every University must comply with the order dated 5.9.2011 in letter and spirit and file an affidavit in this regard through their respective Registrar. It is however made clear that if any of the University would not comply the order of this Court by the next day, its Vice Chancellor and the Registrar will not be only in contempt but their payment of salary shall be stopped till they comply the order of this Court.” 7. This Court having passed the aforementioned order had expected that the officials of both the State Government and the Universities would do the needful not only by way of deciding the entitlement of the petitioners but also making payment to their admitted amounts but then such hope and belief of this Court remained elusive because of complete non-cooperative attitude on the part of the officials of the State Government and the Universities. As a matter of fact this Court thereafter had also started examining the issue of entitlement for each of the Patna High Court CWJC No.8852 of 2006 (25) dt.30-01-2013 30
Decision
directions, all these writ applications are disposed of. 32. The personal appearance of the Principal Secretary of Education Department is dispensed with. (Mihir Kumar Jha, J) Surendra/-