Krishna Mohan Srivastava v. THE STATE OF BIHAR

4. Krishna Mohan Srivastava, S/o Late Uma Shankar Srivastava, At & P.O. –Karahausi, P.S.- Buxar, District- Buxar at present-posted as Lecturer of Chemisty Shershah College, Sasaram, District-Rohtas …………………….Petitioners. -With- CWJC No.6702 of 2006

TRIYOGI SINGH, S/o Late Ram Bhinik Singh, At+P.O. Mabaroh, P.S. Natwar, District- Rohtas at present posted as Lecturer in Zoology in Shershah College, Sasaram, District- Rohtas

Alimul Haque, S/o Lage Md. Mazahrul Haque, resident of Mohalla-Chhota Shekhpura, P.O.-Sasaram, P.S. Sasaram, District –Rohtas at present posted as Lecturer of Urdu in Shershah College, Sasaram, District- Rohtas

Rajendra Prasad Singh, S/o Ramadhar Singh, At+ P.O. Semari, P.S. Karaghar, District- Rohtas at present posted as Lecturer of Physics in Shershah College, Sasaram, District- Rohtas Versus 1. THE STATE OF BIHAR 2. The Secretary , Human Resources Development Department, Bihar, Patna

3. The Director, Higher Education Department, Govt of Bihar Patna

Veer Kunwar Singh University, Ara through its Vice Chancellor

The Vice Chancellor , Veer Kunwar Singh University, Ara 6. The Finance Commissioner , Veer Kunwar Singh University, Ara ……………………….(Respondents in all cases)

The Registrar, Veer Kunwar Singh University, Ara (Respondent in C.W.J.C. Nos. 10407/06, 6707/06 & 6702/06) -With- CWJC No.11877 of 2008 SHASHIDHAR NARAYAN JHA, S/o Late Jagdhar Jha, Resident of Mohalla-Bela Garden, Police Station- University Campus, District-Darbhanga -With- CWJC No.16004 of 2008 SHASHI BHUSHAN KUMAR, S/o Sri Kedar Singh, Resident of village- Chechaul, Police Station- Naubatpur, District- Patna 3 -With- CWJC No.17663 of 2008 KANCHAN MALA THAKUR, D/o Sri Damodar Thakur, Resident of Mohalla- Bela Garden, Police Station- University Campus, District- Darbhanga Versus

1. THE STATE OF BIHAR through the Commissioner-cum- Secretary , Deptt of Higher Education, Govt of Bihar Patna. 2. The Commissioner-cum-Secretary , Deptt of Higher Education, Govt of Bihar Patna.

3. The Vice Chancellor , L.N. Mithila University, Darbhanga 4. The Registrar, Lalit Narayan Mithila University, Darbhanga ………………….(Respondents in all three cases) With- CWJC No.1038 of 2008 ARUN KUMAR SINGH, S/o Tej Pratap Singh, Resident of Village- Saidpur, P.O.Fatuha, P.S. Fatuha, District- Patna -With- CWJC No.793 of 2008 RAJA RAM SINGH, S/o Ram Sinhasan Singh, Resident of “Gopal Niwas” New Area, Opposite J.K. Hotel, P.O. Aurangabad, District- Aurangabad -With- CWJC No.275 of 2008 KUMARI MEENA SINGH, D/o Dr. Rajemndra Prasad Singh, A.P.House, G.T. Road, New Area, P.O. + P.S. Sasaram, District- Rohtas -With- CWJC No.1712 of 2008 AWADHESH KUMAR SINGH, S/o Late Manager Singh, Opposite Hindustan Band Party, Ashok Raj Path, Gurhatta, P.O.- Jhaoganj, P.S. Khajekala, Patna-City -With- CWJC No.14836 of 2007 ARUN KUMAR SINGH, S/O Shri Shyamnandan Singh, Surya Sadan, New Area, Bahubazar, Ara. -With- CWJC No.8456 of 2007 BIRENDRA KUMAR SINGH, S/o Shri Ram Shingar Singh, Gopal Niwas, Gyanpuri, New Area, P.O. + P.S. – Aurangabad, District- Aurangabad -With- CWJC No.5740 of 2007 GOPAL SINGH, S/o Harsh Prasad Singh, Mohalla-Shrikrishna Nagar Ahri, P.O.+P.S. Aurangabad, District- Aurangabad . 4 For the petitioner: Mr. Ajay Kumar Singh For the State: S.C. 23 For the Magadh university: 1. Mr.Vivekanand Kumar 2. Mr. Dhirendra Kr. Singh -With- CWJC No.9423 of 2007 NIRANJAN KUMAR, S/o Late Ram Janam Singh, At + P.O. Kurthaul, Near Middle School, P.S. Parsabazar, via- Punpun, District- Patna -With- CWJC No.9335 of 2007 AJIT KUMAR SINGH, S/o Shri Bharat Singh, C/o Sitaram Singh, Bansi Bhawan, Ramnagar, Patna . -With- CWJC No.10472 of 2007 URMILA KAUR, W/o Sardar Udai Singh, Sikh Mission Compound, Harimandirgali, ouganj, Patna City District- Patna. -With- CWJC No.10565 of 2007 SHYAM SARAN SAH, S/o Late Ram Saran Sah, resident of Chowk Shikarpur near R.P.M. College, P.O. Begumpur, P.S. Chowk, Patna, District- Patna. -With- CWJC No.16142 of 2007 LAL NARAYAN SINGH, S/o Shri Sarju Prasad Singh, Resident of Mohalla-New Area Chittorgarh, Road No. 3, P.O. + P.S. – Aurangabad Narar, Aurangabad Versus Secretary-cum-Commissioner, (Higher Education),

1. THE STATE OF BIHAR 2. The Human Resources Department, Govt of Bihar, Patna Director, 3. The Department, Govt of Bihar, Patna 4. Magadh University , Bodh-gaya through its Education Higher Vice Chancellor

5. The Registrar, Magadh University, Bodh- Gaya

The Finance Officer , Magadh University, Bodh-Gaya. ……………………………..(Respondents in all cases) For the petitioner: Mr Sunil Kumar Singh (in C.W.J.C. No. 11996/06) For the State: Mr. Md. Aslam Ansari, J.C. to S.C.-14 (in C.W.J.C. No. 275/08) Mr. Brij Kishore Singh, A.C. to S.C.12 5 For Veer Kunwar Singh University: Mr Vinay Kirti Singh (in all cases of V.K. University)

20.02.2009 Heard learned counsel for the petitioners and the state. In all these cases, the petitioners are teaching and non-teaching staffs of Lalit Narayan Mithila University, Darbhanga , Magadh University , Bodh-Gaya and Veer Kunwar Singh University, Ara . Petitioners; in C.W.J.C. Nos. 11877/08, 16004/08 & 17663/08, are teachers of post graduate departments of Lalit Narayan Mithila University, Darbhanga. Petitioners in C.W.J.C. Nos. 11996/06, 692/08, 9553/06, 11845/06, 12003/06, 10407/06, 6707/06 & 6702/06 are; teaching and non-teaching staff of Veer Kunwar Singh University, Ara and rest are of Magadh University , Bodh Gaya. Prayer of the petitioners in all these writ applications, is for a direction to the respondents- universities and other authorities for payment of arrears of difference of salary for the period 1986 to 2002 and also up to 2005 in some of the cases on account of enhancement of their salary in UGC scale.

Petitioners have prayed for payment of interest on such amounts. Counsels for the petitioners submit that the Principal of the concerned colleges where the petitioners are working, have inquired into the amount of arrears 6 relating to each of the petitioners and the estimated arrears have been sent to the concerned universities and it is now for the university-authorities to inquire into the matter and pass an order for payments of the arrears of salary. Petitioners who are teaching staffs of Post- graduate department in Lalit Narayan Mithila University, Darbhanga in their cases, university itself has enquired and arrears payable to them have been calculated. Considering every thing and also that in similar cases, directions have been issued to the concerned university for considering the grievance of the petitioners and dispose of their claim by speaking order expeditiously preferably within the period of ten weeks on receipt of the representation, similar direction is being issued in these cases also, petitioners are directed to file their representations before the Vice Chancellor of the concerned university specifically mentioning their claim.

The Vice Chancellor or the concerned authorities, thereafter, will examine it and pass an order within ten weeks as stated above. It is, further directed that if any claim or part of the claim of the petitioners is found not admissible as per rule , the Vice Chancellor shall indicate the reasons for declining the claim in the order to be passed on representation. While passing such orders, the authority shall also consider with regard to payment of 7 interest over the amount which was found payable but could not be paid for the considerable period of time. The order passed on representation shall be communicated to the concerned petitioners through registered post. The State Government is also directed to release requisite for payment to the petitioners on filing of requisition for such amount by the university. The fund should be released by the Secretary, Higher Education, Government of Bihar, Patna without any delay on receipt of such requisition, preferably within four weeks of receiving such requisition. All these writ applications are, accordingly, disposed of with aforesaid directions/observations. AKV/ ( Mridula Mishra, J )