BINOD KUMAR JHA v. THE STATE OF BIHAR

1.DR.SURENDRA JHA son of Late Kameshwar Jha, resident of Mohalla Manashnagar Ward no.32, Hatia Gachhi P.S. & Dist.Saharsa. 2.Achhutanand Jha son of Sri Phuleshwar Jha, resident of Village Mohanpur P.S. Bakhtiarpur Dist.Saharsa. 3.Prem Shankar Jha, son of Late Lalit Jha, resident of Village Muradpur P.O.Bishnupur P.S.Sonbarsha Dist.Saharsa. 4.Gauri Shankar Singh son of Late Vikram Singh, resident of Village & P.O.Dhabauli P.S.Sonbarsa District Saharsa. 5.Rajendra Kumar Jha son of Sri Bijendra Jha, resident of Village P.O. Bargaon P.S.Sonbarsaz Dist. Saharsa. 6.Anil Kumar Mishra son of Late Hira Kant Mishra, resident of Village Patuaha P.O. & P.S. & Dist.Saharsa 7.Balram Jha sonof Bedanand Jha, resident of Village P.O. Sahypur P.S.Sonbarsha Dist.Saharsa. 8.Sanjeev Kumar Jha son of bhavendra Jha Bhabesh, resident of village Nauhar P.O. P.S. Gwalpara Dist.Saharsa 9.Sushil Kumar Jha son of Late Newalal Jha, resident of Village Chakrani P.O.P.S.Narayanpur Dist.Bhagalpur. 10.Bimal Kant Jha son of Late Rameshwar Jha, resident of Village Diwra P.O. Muradpur P.S.Nauhatta Dist.Saharsa. 11.Arjun Jha son of Late Gaya Nath Jha, resident of Village Hariraha P.O.Shankarpur P.S.Singheshwar Dist.Madhepura. 12.Sachidanand Jha son of Sri Jaybir Jha, resident of Village Jagatpur P.O.Bparail P.S. and District Supail. All are working as Demonstrators against sanctioned and vacant post in R.M.College Saharsa. Versus THE STATE OF BIHAR & ORS ----------- CWJC No.7350 of 2009

1.JAMIL AHMAD KHAN son of Khalil Ahmad Khan, Lecturer, Department of Commerce, R.M.College, Saharsa.presently resident at Mohalla Saharsa Basti P.S. Dist.Saharsa. 2.Radheshwar Jha son of Late Gopeshwar Jha, Lecturer, Department of Maithili R.M.College,Saharsa, presently residing at Village P.O.Atalkha P.S.Saharsa Dist.Saharsa. 3

3.Md.Amanullah Khan son of Late Abdul Rahim Khan, Lecturer, Depazrtment of Urdu R.M.College, Saharsa, presently residing at Mohammad Ali Road, hati Gachhi Ward no.31 Dist.Saharsa. 4.Suman Kumar Jha son of Late Tarkant Jha, Lecturer, Department of Chemistry R.M.College Saharsa, presently residing at Village P.O.Bargaon P.S.Sonbarsa District Saharsa. 5.Haribansh Mishra son of Sri Krishna Ballabh Mishra, Lecturer, Department of Chemistry, R.M.College Saharsa, presently residing at Village P.O.Rajeshwari P.S. Dist.Supaul. 6.Md. Hajique Hussain son of Late Sadique Hussain,Lecturer, Department of Commerce, R.M.College, Saharsa, presently residing at Saharsa Basti P.S. & Dist.Saharsa. Versus THE STATE OF BIHAR & ORS ----------- 2

2.7.2009. Petitioners in all these three writ applications are teaching and non teaching staff of R.M.College, Saharsa which is a fourth phase constituent unit of B.N.Mandal University. Petitioners are praying for direction to the respondent University and its authorities for making payment of their arrears of difference of salary in the UGC scale for the period 1996 to 2005. Counsel appearing for the University has submitted that the petitioners services were absorbed in 2005 and their entitlement for UGC scale since 1.1.1996 as well as the dues are being considered and audited by the University as well as the State Government. This is not the case where the claim of the petitioners have either been accepted or rejected by the University. It has also been stated that the petitioners have not represented their case before the concerned authority, and without approaching the appropriate forum they have rushed to the High Court simply because similarly situated persons have earlier filed C.W.J.C.No.5264 of 2009 which 4 was disposed of by order dated 24.4.2009 observing that the respondents may consider the claim of the petitioner and pay the legitimate dues, if any, fixing four months time. Filing of such frivolous writ applications should be restrained specially when a direction has been issued by this court in the case of similarly situated persons, in matters duly covered under statutory provision. In such cases, other entitled persons should approach the appropriate authority before rushing to the High Court. This application is being disposed of and it is expected that the authorities will consider the case of the petitioners similarly as directed in C.W.J.C.No.5264 of 2009. Sss/- (Mridula Mishra, J)