IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1589 of 2010
ANJU DEVI
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.1654 of 2010
SHALIGRAM SINGH
Versus
THE V.C.,TILKA MANJHI BHAGALPUR
WITH
CWJC No.2064 of 2010
SHIV NANDAN PRASAD SINGH
Versus
TILKA MANJHI UNIVERSITY & ORS
WITH
CWJC No.2456 of 2010
AWANINDRA KUMAR SINHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.3316 of 2010
SMT.ASHA DEVI
Versus
THE TILKA MANJHI BHAGALPUR UNI
WITH
CWJC No.4890 of 2010
DR.(MRS.)REKHA SINHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.4991 of 2010
JAIPRAKASH SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.5160 of 2010
DEO KUMAR MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.6327 of 2010
TARKESHWAR PRASAD SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.6633 of 2010
BIRENDRA KUMAR SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
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WITH
CWJC No.7032 of 2010
DR.DURGESH NANDINI VERMA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7365 of 2010
DR.ANJANI KUMAR MISHRA & ORS
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.7456 of 2010
DEO NATH CHOUDHARY & ORS
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.7704 of 2010
DR.USHA PURI & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7710 of 2010
DR.RAJIV RANJAN MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8028 of 2010
DR.BINOD KUMAR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8076 of 2010
VISHESHWAR SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8799 of 2010
DR.MIRZA SARFRAZ HUSSAIN’JOHN’
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9193 of 2010
MD.QUAMRUL HODA
Versus
THE T.M.BHAGALPUR UNIVERSITY&
WITH
CWJC No.9339 of 2010
BINAY KUMAR SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
-3-
WITH
CWJC No.9461 of 2010
DR.SUBHASH CHANDRA SINGH & ANR
Versus
THE T.M.BHAGALPUR UNIVERSITY&O
WITH
CWJC No.9476 of 2010
MUKESH KUMAR SINHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9784 of 2010
INDRAPATI PODDAR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9803 of 2010
DR.KUMARI RENUKA & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9807 of 2010
PROF.DR.SITARAM SHARMA
Versus
THE T.M.BHAGALPUR UNIVERSITY & ORS
WITH
CWJC No.10016 of 2010
DR.PREM SHANKAR PD.SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.10031 of 2010
SHIV SHANKER MANDAL @ DR.SHIVE
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.10094 of 2010
MD.EQBAL
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.10130 of 2010
TABASSUM PERWIN & ANR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.12526 of 2010
DR.SANJAY KUMAR JHA
Versus
THE T.M.BHAGALPUR UNIVERSITY &
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WITH
CWJC No.9439 of 2010
DR.SARBADA NAND SINGH
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.11960 of 2010
ABINASH KUMAR THAKUR
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.13390 of 2010
DR.KUMAR LAL BAHADUR SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.13817 of 2010
MD.HAROON RASID & ORS
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.13890 of 2010
UTTAM CHANDRA JHA
Versus
THE T.M.BHAGALPUR UNIVERSITY &
WITH
CWJC No.14851 of 2010
DR.ARVIND KUMAR & ANR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.14910 of 2010
DR.NUSRAT YUNUS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.14931 of 2010
SMT.INDU BALA PODDAR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.10281 of 2010
DR.MOHAN MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.11664 of 2010
ROHIT KUMAR SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
-5-
WITH
CWJC No.12001 of 2010
BALANAND SINHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.12976 of 2010
DR.POONAM RANI
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.4986 of 2010
DR.UDAI PRAKASH SINHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.14035 of 2010
PROF.PRABHU DAYAL RAI & ANR
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.7418 of 2010
DR.MAMTA RANI THAKUR & ORS
Versus
THE L.N.MITHILA UNIVERSITY &OR
WITH
CWJC No.10501 of 2010
PROF.DR.KRISHNA CHANDRA MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7484 of 2005
SHARDA DEVI & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7868 of 2010
MD.AFTAB ASHRAF
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7909 of 2010
TARNI PRASAD SINGH
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.7911 of 2010
DR.RAMAWATAR PRASAD
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
-6-
WITH
CWJC No.7938 of 2010
DR.NIRMALA JHA
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.7949 of 2010
(DR.)MADHAV CHOUDHARY
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.7963 of 2010
UPENDRA PRASAD SINGH
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.7970 of 2010
DR.KAMESHWAR PRASAD SINGH
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.8090 of 2010
DR.MAHESH CHANDRA CHAUDHARY
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.8108 of 2010
UDAY NARAIN SINGH
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.8157 of 2010
DR.(MRS)MANSA KUMARI SULTANIA
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.8201 of 2010
MALTI JHA & ANR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8294 of 2010
KRISHNA KUMAR JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8445 of 2010
MAHENDRA KUMAR MAHTO
Versus
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THE STATE OF BIHAR & ORS
WITH
CWJC No.8524 of 2010
RADHA GOVIND JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8577 of 2010
DR.BRAJENDRA KUMAR JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8671 of 2010
DR.SYED SAJJAD HAIDER
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8689 of 2010
BALNATH JHA & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8776 of 2010
PROF.BESH LAL PASWAN
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8782 of 2010
DR.RAM KRISHNA JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8783 of 2010
DR.DAMAN KUMAR JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8814 of 2010
PROF.DR.MANINDRA KUMAR
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8833 of 2010
SHIKSHAKETTAR KARAMCHARI SANGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8867 of 2010
PROF.UMESH CHANDRA CHAUDHARY
Versus
-8-
THE STATE OF BIHAR & ORS
WITH
CWJC No.8872 of 2010
LAKSHMI KANT MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8873 of 2010
PROF.CHANDRA SEKHAR JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8877 of 2010
PROF.HARE KRISHNA JHA ‘HARI’
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8914 of 2010
DR.RAM SAGAR SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8920 of 2010
DR.SHIVESH CHANDRA JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8933 of 2010
PROF.RAMA KANT MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8989 of 2010
KUNDAN KUMAR SINGH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.8992 of 2010
DR.AVESH CHANDRA JHA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9039 of 2010
PROF.BIRENDRA KR.SRIVASTAVA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9046 of 2010
JIBENDRA DUTTA JHA
Versus
-9-
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9061 of 2010
DR.VIJAY KUMAR MISHRA
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9064 of 2010
DR.VIJAY CHANDRA JHA
Versus
THE LALIT NARAYAN MITHILA UNIV
WITH
CWJC No.9117 of 2010
AMARNATH JHA
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9123 of 2010
DR.KRISHNAKANT JHA
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9135 of 2010
DR.MAHESH JHA
Versus
LALIT NARAYAN MITHILA UNIVERSI
WITH
CWJC No.9140 of 2010
DR.VIDYANAND JHA
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9152 of 2010
DR.PRABODH JHA
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9155 of 2010
DR.SATYANAND THAKUR
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9165 of 2010
DR.ASHARFI KAMATI
Versus
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9211 of 2010
DHANESHWAR THAKUR
Versus
– 10 –
L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.9288 of 2010
SURENDRA SETH
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9453 of 2010
SHASHI BHUSHAN MISHRA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.9485 of 2010
DR.BIBEKA NAND JHA
Versus
THE L.N.MITHILA UNIVERSITY & ORS
WITH
CWJC No.11070 of 2010
DR.MD.QUTUBUDDIN ALAM
Versus
THE V.C.OF L.N.MITHILA UNIVERSITTY
WITH
CWJC No.12623 of 2010
LAV KUSH SHARMA & ORS
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.12827 of 2010
HIRA LAL GUPTA
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.12846 of 2010
PRATAP NARAYAN ROY
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.12871 of 2010
KEWAL KRISHAN LAL DAS
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
WITH
CWJC No.12880 of 2010
PURNA CHANDRA LAL DAS
Versus
THE V.C.,L.N.MITHILA UNIVERSITTY
———–
05 26.10.2010 Pursuant to orders of this Court, learned Principal
– 11 –
Secretary, Human Resources Development Department, Government
of Bihar is personally present before this Court. There are thousands
of cases of Universities Teachers and non-teaching employees
pending, claiming arrears of salary and retiral dues. Principally, the
claims are based on pay revision, which were effected in the year 1986
and 1996, which remained unsettled till date, as noted in earlier orders
the total arrears liability of the State runs beyond Rs.1000/- crores.
This Court is not to see as to how and why this arrear mounted and
why in two and half decades matters were not resolved and heard. The
anxiety of this Court is two fold. Firstly, the arrears should be cleared
and, secondly, the cases in this Court reduced to minimal where there
is genuine problem in law. Learned Principal Secretary appreciated
the anxiety but put forward his own interest in the shape of the public
finance. He assured the Court that soon he would take all possible
steps to resolve these issues effectively, once and for all, so that people
do not have any grievance left, and the Court is not burdened with
unnecessary litigation which involves no law. In the hope that such
effective steps would be taken this Court is adjourning these matters.
Learned Principal Secretary agrees that in view of the
consistent stand of the State that they are not concerned with
individual payments to individual persons by the Universities but at
the same time cannot be oblivious of the correctness of payments via-
media, for the time being would be that under the specific policy guide
lines issued by the State to the Universities and, in particular, their
Finance Officers. Universities could scrutinize accounts of
– 12 –
individuals. Those accounts would be served on all staff teaching and
non teaching calling for objections. In the meantime, to the extent
amount accepted by the Universities from the money received from
the State, payment would be made upon an undertaking to be given by
the person that in case it is found that any payment is wrongly being
made that would be recovered. State would then get the accounts
audited and, if they find any discrepancies, they would at the first
instance question the Universities and then the person and decide the
matter individually. This would leave the person to contest the matter,
if he so wants, but this would ensure that payments are not held up at
least to the extent it is not in dispute. What this Court find that almost
in all cases substantial amount is admitted to be due from 1986
onwards but is to be paid only after High Court’s order. This must
end, if the Universities find any amount due, it must pay the amount
whether the person comes to the High Court or not.
So far as Universities and the State are concerned, the
Universities have to send utilization certificate immediately. Learned
Principal Secretary complains that in case of some of the Universities,
he has stopped making payments of even current salary because
utilization certificates of past few months have not been submitted as
yet. This shows inability of the respective Vice Chancellors to
manage their University. The respective Vice Chancellors have to pull
up their shocks and tighten up their Department and the State cannot
be faulted in this regard.
These are only interim orders in the hope that State
– 13 –
would come up with a final solution including computerizing pay rolls
of all Universities, which would be worth the cost when we find that
installation of computer set up for pay rolls at University level would
be negligible compared to enormous delayed payment of interest
liability which the University/State has to discharge.
Put up these matters on 29th November, 2010 by when
Universities would ensure payments and filing of comprehensive
counter affidavits giving full accounts of all the petitioners. State and
Universities would also try and comply with orders passed in these
cases previously by this Court.
The stand and the co-operation of the Principal
Secretary, Human Resources Development Department, Government
of Bihar, Patna is appreciated by the Court.
Trivedi/ (Navaniti Prasad Singh, J.)