IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.404 of 2011 DR. PRABHASH PD. VERMA & ORS Versus DR. K.N.DUBEY, THE VICE CHANCELLLOR,T.M.BHAGALPUR UNIVERSITY BHAGALPUR & 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
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.)