IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.566 of 2010
Chandra Shekhar Jha
Versus
State Of Bihar & Ors.
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02. 27.07.2011 This application has been filed by the petitioner
for initiating a proceeding of contempt against the B. N.
Mandal University, Madhepura and its authorities for
showing disobedience to the Order, dated 09.09.2009,
passed in C.W.J.C. No. 11352 of 2009. By this Order, a
direction was issued to the University and its authorities
to make payment of current salary to the petitioner on
month to month basis and arrears of salary from the
month and year, it is stopped.
When this matter was pending, one L.P.A.,
bearing L.P.A. No. 1304 of 2009 was preferred by the L.
N. Mithila University, Darbhanga. Along with L.P.A. No.
1304 of 2009, several other Writ Applications and
L.P.A.s were heard by the Full Bench and vide Order
dated 11.03.2010 all such matters were referred to a
Two-Men Commission, headed by Hon’ble Mr. Justice S.
N. Jha. The Full Bench, however, directed that
employees, who are working, should be paid their
current salary. SLP bearing 12591 of 2010 was preferred
against the Order passed by the Full Bench. The Apex
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Court stayed the working of Commission till the next
date of hearing, but so far direction with regard to
payment of current salary was concerned that was not
stayed. MJC was filed on account of non-payment of
current salary. There stand of the University and the
State was rejected by the Division Bench. As the stand
of the University and the State was that the direction
regarding payment of current salary has been stayed by
the Apex Court, but the Division Bench vide Order dated
22.06.2011, rejected this plea taken by the University
and the State and also directed to file show-cause within
four weeks, showing compliance of the Order of the Full
Court for payment of current salary to the petitioners.
SLP (Civil) No. 19783 of 2011 was filed by the Vice
Chancellor of B. N. Mandal University, Madhepura, but
the same was dismissed and a direction was issued for
making payment of current salary to the Writ Petitioners
in compliance of the Order of the Full Bench.
Counsel for the petitioners submits that some
similarly situated Lecturers, Readers, Professors have
been paid their arrears of salary as well as current salary
in compliance of the direction of the Full Bench, but
petitioners have not been paid.
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Let this matter be listed on 17 th of August,
2011, retaining its position.
Counsel, representing B. N. Mandal University,
Madhepura must file a show-cause, showing full
compliance of the direction regarding payment of current
salary in the light of the direction of the Full Bench as
well as its confirmation by the Apex Court.
The Registrar of the B. N. Mandal University,
Madhepura will approach the State Government and the
State Government will also release necessary funds in
compliance of the direction of the Court.
Put up this matter on 17th of August, 2011,
retaining its position.
(Mridula Mishra, J.)
SKM