IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3587 of 2011
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Anil Kumar
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Roshan Kumar Mishra
For the Respondent/s : Mr. Rajesh Kr.Verma Sc27
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CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA)
03. 22.09.2011 Today, when the matter is taken up, Mr.
Lalit Kishore, AAG-1 has informed the Court that the
SLP (Civil) No. 12091 of 2010, fixed on 16 th of
September, 2011, has been adjourned for 12 th of
October, 2011. He has requested that all these
matters should also be adjourned for any date,
subsequent to 12th of October, 2011, as the payment
of current salary matter is also one of the issues,
raised before the Apex Court by all the parties.
On the other hand, the counsel for the
petitioner has brought before this Court, an Order,
passed in M.J.C. No. 81 of 2011, dated 19.09.2011.
This matter also relates to payment of current salary
to the teaching employees of fourth phase
constituent Colleges. Similar submission was made
by the State’s Counsel, but rejecting the submission
2 Patna High Court MJC No.3587 of 2011 (3) dt.22-09-2011
2/3
made by the State’s Counsel, the matter has been
fixed on 27th of September, 2011, as Division Bench
did not find any substance in the stand of the
learned counsel for the University that the matter
should await for further Orders of the Apex Court in
the pending Special Leave Petition against the Full
Bench Judgment. The Division Bench has directed
the University to make payment of current salary for
March, 2010 onwards. In case of non-compliance of
the Order by the University and its authorities, taking
plea of non-availability of funds, the authorities will
have to face the consequences for it. They will have
to show-caused as to why they should not be
punished for contempt. The Vice-Chancellor and the
Registrar of the concerned University have been
directed to be present personally present, in case of
non-payment of current salary to the petitioner.
Considering this development, let this
matter be listed on 28th of September, 2011,
retaining its position.
The Registrar of the concerned
Universities is directed to make compliance of the
direction of this Court, regarding payment of current
salary.
Let this matter be listed on 28 th of
September, 2011.
3 Patna High Court MJC No.3587 of 2011 (3) dt.22-09-2011
3/3
The University and its authorities will act
upon in a similar manner in this case also, as per the
direction of the Division Bench, dated 19.09.2011,
passed in Miscellaneous Jurisdiction Case No. 81 of
2011.
Counsel, appearing for the State is
directed to file its supplementary show-cause before
28th of September, 2011.
(Mridula Mishra, J.)
DKS/