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Patna High Court – Orders
Dr. Prabhash Pd. Verma &Amp; Ors vs Dr. K.N.Dubey The Vice Chancel on 23 March, 2011
                                     MJC No.404 of 2011
                             DR. PRABHASH PD. VERMA & ORS

2 23.3.2011 The petitioners have filed this contempt application

for initiating contempt proceeding against the University and the

State for willful disobedience of the order of this Court by it has

been held that the age of superannuation of teachers of the

University would be 65 years and not 62 years. Accordingly the

writ petition was allowed and the writ petitioners became

entitled to be re-instated and paid remuneration accordingly.

Learned counsel for the petitioners states that though

they have been re-instated, they are not being paid their

remuneration in any respect.

Learned counsel for the University has filed a show

cause stating that they have requisitioned from the State

Government the amount to be paid to the petitioners but there is

no response from the State Government.

Be that as it may, as there is privity of contract as

between the petitioners and the University, I direct that from any

fund made available by the State Government to the University

which include University’s fund as per Bihar State Universities

Act, hereinafter first proportionately the University would make

settlement of dues of these petitioners irrespective of the

direction of the State Government in relation to the utilization of

those funds. It may further be clarified that if any amount is

pending with the University, having been received from the

State Government undisbursed on account of salary, University

would first utilize the said amount to clear the arrears of the

petitioners and then appropriate the said amount to other

payments. This would be with due intimation to the State

Government in that regard.

Let University show compliance thereof by filing a

show cause.

List this matter on 13.4.2011.

Considering the inordinate delay made if by then no

compliance is shown then the Vice Chancellor, Registrar and the

Finance Officer of the University would be personally present in

the Court to answer rule of contempt.

Singh                            ( Navaniti Prasad Singh, J.)

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