PROF.YOGANAND JHA v. THE STATE OF BIHAR & Ors.

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8418 of 2008 PROF.YOGANAND JHA Versus THE STATE OF BIHAR & ORS ----------- PROF.LILA KANT JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8419 of 2008 PROF.SMT.DURGA JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8463 of 2008 PROF.KRISHNA KUMAR JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8473 of 2008 CWJC No.8474 of 2008 PROF.SHARAT CHANDRA JHA Versus THE STATE OF BIHAR & ORS ----------- PROF.GUNA KANT JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8485 of 2008 PROF.BHAIRAV JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8486 of 2008 CWJC No.8523 of 2008 PROF.DINESHWAR LAL DAS Versus THE STATE OF BIHAR & ORS ----------- PROF.BISHNU KANT MISHRA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8536 of 2008 CWJC No.8537 of 2008 PROF.GANGA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8585 of 2008 2 PROF.SHYAMA KANT JHA Versus THE STATE OF BIHAR & ORS ----------- PROF.MUNINDRA JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8586 of 2008 CWJC No.8587 of 2008 PROF.RAMESH CHANDRA JHA Versus THE STATE OF BIHAR & ORS ----------- PROF.LEKH NARAYAN JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8600 of 2008 PROF.BIRU JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8618 of 2008 PROF.DIGAMBAR THAKUR DINKAR Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8892 of 2008 PROF.NARENDRA NATH JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.9055 of 2008 PROF.HARENDRA MOHAN Versus THE STATE OF BIHAR & ORS ----------- CWJC No.9057 of 2008 CWJC No.9058 of 2008 PROF.BIJAY KUMAR CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- PROF.BIBHUTI SHARAN JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.9149 of 2008 PROF.SURENDRA NARAYAN JHA Versus CWJC No.8462 of 2008 3 THE STATE OF BIHAR & ORS ----------- PROF.RAM CHANDRA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- CWJC No.8599 of 2008 CWJC No.9148 of 2008 PROF.VIJAY KUMAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- PROF.DIGAMBAR JHA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.9150 of 2008 2

28.8.2009. Petitioners in all these writ applications have prayed for a direction to the respondent University and its authorities to make payment of their admitted dues of arrears of salary as well as deferred D.A. with statutory interest. All petitioners are Lecturers/Readers in different departments in Kalidas Vidyapati Science College which is an affiliated unit of Lalit Naryan Mithila University, Kameshwar Nagar, Darbhanga. Petitioners case is that the University had not paid their entire salary since June, 1981 and deferred D.A from 1.3.1979 to

31.12.1989.. The Principal of the College after due calculation had sent requisition in Form-2 to the University but it remained pending. Finally Teaching and non teaching staffs of K.V.S. Colleges, Uchchaith filed C.W.J.C.No.9028 of 1997 which was disposed of by order dated 2.4.1998 directing the Registrar of the University to examine the factual aspect of the matter and pay 4 admitted dues of the petitioners. Two months time was allowed for considering these matters from the date of receiving individual representations on behalf of the petitioners. The State Government was also directed to release fund on receiving requisition from the Registrar of the University. Since the direction was not complied within the stipulated period, M.J.C.no.2979 of 2000 and analogus contempt cases were filed which were disposed of by order dated

11.11.2003. A show cause had been filed on behalf of the University in the contempt proceeding stating that Rs.65,00,000/- has been released in favour of the College for making payment to the members of the petitioners Association out of total sum of Rs.1,1,20,000/- as requisition of the College was for this amount only. For the remaining amount, it was stated when the College will send any requisition for remaining amount, it will be paid. Contempt application was disposed of with observation that if any requisition is sent by the Principal of the College to the University for further payment to the members of the petitioners Association, same would be considered and requisite fund will be released to the College within one month from the date of receiving such requisition. Annexure-5 has been annexed with the writ application to indicate that the requisition with regard to residual amount of salary and deferred D.A. has already been sent to the University but still payment has not been made, though dues for which requisition has been sent is admitted dues, In the earlier writ application, only the dues have been admitted by the University and there was no reason for delay in payment of petitioners admitted dues. 5 Counsel for the University in order to explain the delay has submitted that all financial transaction of the University is being audited by a group of auditors, on the direction of the State Government, only on completion of audit and submission of auditor’s report, residual amount will by the University. Payment will be made as per audit report. All these writ applications are being disposed of directing the University to examine the requisition already sent by the Principal of the College to the University for payment of arrears of salary and deferred D.A. In case there is any difference in between the claims mentioned in requisition and the audit report, that should be clarified by the University and its authority giving reasons for such difference. For admitted dues fund should be released by the University in favour of the college on the basis of requisition made by the college. Amount, for which there is any objection, decision shall be taken by the university in consultation with the Principal of the College. University shall send requisition to the State Government for release of adequate fund in case of shortage of fund and on receiving such requisition, fund will be released by the authority in Higher Education Department. In no case, the exercise of payment of dues, be delayed for more than four months. Both university and State Government will complete their exercise within this period. The petitioner in C.W.J.C.No.8536 of 2008 has died during pendency of the application and I.A. No.5322 of 2009 has been filed by his wife for her substitution in his place. I.A.No.5322 of 2009 6 is allowed. Rita Mishra, wife of the petitioner Bishnukant Mishra is substituted in his place. The payment for which the original petitioner was entitled should be made in favour of his wife Rita Mishra. Petitioner C.W.J.C.No.8419 2008, C.W.J.C.No.8485 2008, C.W.J.C.No.8523 2008, C.W.J.C.No.8623 of 2008 and C.W.J.C.No.8618 of 2008 have already superannuated. Their arrears of salary and deferred D.A. should be paid to them. Petitioners are also entitled for statutory interest on deferred D.A. and that should be calculated and paid in the light of the decision reported in 2006(4) P.L.J.R. 369. Interest shall be calculated till the date of its payment. Let a copy of this order be handed over to the counsel representing Lalit Narayan Mithila University. SSS ( Mridula Mishra, J.)