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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8852 of 2006
Dr.Manjuwala Singh
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.14701 of 2006
Md.Kamaluddin
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.15805 of 2006
Dr.Ajay Kumar Rukhaiyar
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.16594 of 2007
Baidya Nath Chaudhary
Versus
The State Of Bihar &Ors
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with
Civil Writ Jurisdiction Case No.2985 of 2007
Usha Sharma
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.3027 of 2007
Krishna Devi
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.10244 of 2006
Sarojanand Jha
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.3946 of 2007
Non Teaching Staffs Association
Versus
The State Of Bihar & Ors
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with
Civil Writ Jurisdiction Case No.9097 of 2011
Ajay Pratap Sinha & Ors
Versus
Tilka Manjhi Bhagalpur University
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with
Miscellaneous Jurisdiction Case No.1134 of 2010
Nagendra Prasad Singh
Versus
Anoop Mukherjee & Ors.
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with
Miscellaneous Jurisdiction Case No.2728 of 2010
Bihar Rajya Universtities & Colleges Non-Teaching Staff Union
Versus
R.J.M.Pillai & Ors.
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9. 5.9.2011 Heard counsel for the parties at length.
Pursuant to the last order of this Court dated
27.7.2011 the Director, Higher Education, has appeared in person
and so have some of the University officials.
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 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
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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 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
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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 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
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existing allocation of funds for liquidating such arrears of salary
and emoluments of teaching and non-teaching employees
including the petitioners.
List all these cases on 21st November, 2011 at the top
of the list under the same heading as a tied up matter.
Let a copy of this order be given to Mr. Lalit
Kishore, AAG-I, Mr. Ashok Kumar Keshari, learned counsel
appearing on behalf of Tilka Manjhi Bhagalpur University, Mrs.
Nivedita Nirwikar, learned counsel appearing on behalf of
L.N.Mithila University, Mr. A.B. Sinha, learned counsel appearing
on behalf of both L.N.Mithila University and Veer Kunwar Singh
University, Mr. Ajay Kumar Sinha, learned counsel usually
appearing on behalf of Patna University, Mr. Jai Shankar Bernwal,
learned counsel appearing on behalf of Magadh University, Mr.
R.K.Giri, learned counsel appearing on behalf of B.R. Ambedkar
Bihar University, Mr. Hemendra Kumar Singh, learned counsel
appearing on behalf of B.N.Mandal University, Mr. Harendra Pd.
Singh, learned counsel appearing for Kameshwar Singh
Darbhanga University and Mr. Amar Nath Singh, learned counsel
appearing on behalf of Jai Prakash University.
The Director, Higher Education, as also all the
Registrars of the aforementioned Universities, shall remain
personally present in Court on 21st November, 2011.
(Mihir Kumar Jha,J.)
Surendra/