High Court Patna High Court - Orders

Krishna Devi vs The State Of Bihar & Ors on 5 September, 2011

Patna High Court – Orders
Krishna Devi vs The State Of Bihar & Ors on 5 September, 2011
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IN THE HIGH COURT OF JUDICATURE AT PATNA
      Civil Writ Jurisdiction Case No.8852 of 2006
                    Dr.Manjuwala Singh
                             Versus
                 The State Of Bihar & Ors
                ----------------------------------

with
Civil Writ Jurisdiction Case No.14701 of 2006
Md.Kamaluddin
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.15805 of 2006
Dr.Ajay Kumar Rukhaiyar
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.16594 of 2007
Baidya Nath Chaudhary
Versus
The State Of Bihar &Ors

———————————-

with
Civil Writ Jurisdiction Case No.2985 of 2007
Usha Sharma
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.3027 of 2007
Krishna Devi
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.10244 of 2006
Sarojanand Jha
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.3946 of 2007
Non Teaching Staffs Association
Versus
The State Of Bihar & Ors

———————————-

with
Civil Writ Jurisdiction Case No.9097 of 2011
Ajay Pratap Sinha & Ors
Versus
Tilka Manjhi Bhagalpur University
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———————————-

with
Miscellaneous Jurisdiction Case No.1134 of 2010
Nagendra Prasad Singh
Versus
Anoop Mukherjee & Ors.

———————————-

with
Miscellaneous Jurisdiction Case No.2728 of 2010
Bihar Rajya Universtities & Colleges Non-Teaching Staff Union
Versus
R.J.M.Pillai & Ors.

———————————-

9. 5.9.2011 Heard counsel for the parties at length.

Pursuant to the last order of this Court dated

27.7.2011 the Director, Higher Education, has appeared in person

and so have some of the University officials.

Mr. Lalit Kishore, learned AAGI appearing on behalf

of the State, has submitted that after detailed deliberations all the

Universities have been sent letter no. 2095 dated 17.8.2011 for

submitting their requisition for fund in a prescribed proforma and

that the State will be in a position to release funds for making

payment of arrears of salary of the teaching and non-teaching

employees of the Universities and its constituent Colleges only

after examining justifiability of such requisition received in terms

of the aforesaid letter of the State Government dated 17.8.2011.

He has assured this Court that such exercise can be completed by

the State within a period of one month from the date of receipt of

requisition from the Universities.

Counsel appearing on behalf of the Universities led

by Mrs. Nivedita Nirwikar appearing for L.N.Mithila University

and Mr. Ashok Kumar Keshari, learned counsel appearing on

behalf of Tilka Manjhi Bhagalpur University have stated that some
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of the information sought in the letter of the State Government

dated 17.8.2011 would require re-verification of the amount

entitled to each of the individual working and/or retired teaching/

non-teaching employee and therefore, even when the officials of

the University have already started this exercise, the same cannot

be completed in a hurry. In this regard Mrs. Nirwikar has cited the

example of the petitioner of C.W.J.C.No. 10244/2006 and has

stated that though the University had calculated the dues of salary

of Mr. Jha to be 3,01,000/- but on auditing by the Govt. Auditors

the same was reduced to Rs. 1,88,363/- only. This Court has noted

the aforesaid elucidation of Mrs. Nirwikar in order to appreciate

the magnitude of the gigantic task which has to be completed by

each of the university before submitting its requisition for release

of funds by way of reply to the letter of the Director Higher

Education dated 17.8.2011 inasmuch as such requisition of fund

has to be made by each of the University for clearing the arrears of

at least last 25 years if not more.

Considering these aspects, this Court would accede

to the prayer of the learned counsel appearing on behalf of the

Universities and would grant them time upto 17th October, 2011 by

which day all the Registrars of the all Universities of this State

must send their requisition in terms of the letter of the Human

Resources Development Department dated 17.8.2011. Any of the

Registrar of the Universities of this State who would fail to

comply this direction will become liable for being proceeded

under the provisions of contempt of court Act 1971. The Registrar
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for completing this task will have full power to assign duty to any

of the employees of the University/College and also jurisdiction to

cancel leave of any of such employees whose services is essential

for preparation and sending requisition to the State Government in

terms of aforesaid letter no. 2095 dated 17.8.2011. Such an

exercise therefore must be completed within the aforementioned

period failing which the Registrars and/or the concerned Officer

and employee of the University will become directly answerable to

this Court.

Once such requisition of fund made by all the

universities becomes available to the State Government in the

Human Resources Development Department on or before

17.10.2011 the Director Higher Education with the help of its teem

of officials and employees must make individual assessment of

such requisition and file his affidavit in this Court on or before 18th

November, 2011 clearly indicating the manner in which it

proposes to liquidate the arrears of payment of salary of each and

every working or retired teaching and non-teaching employees of

the University and its constituent Colleges upto March, 2011.

While this one time exercise is being directed to be

made by this Court with a hope and belief that the unending

problem of payment arrears of salary of the working as well as

retired teaching and non-teaching employees of all Universities

and its constituent Colleges will come to an end, nothing said in

this order shall come in the way of the Government/ Universities

in also releasing/paying adhoc prorata payment on the basis of
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existing allocation of funds for liquidating such arrears of salary

and emoluments of teaching and non-teaching employees

including the petitioners.

List all these cases on 21st November, 2011 at the top

of the list under the same heading as a tied up matter.

Let a copy of this order be given to Mr. Lalit

Kishore, AAG-I, Mr. Ashok Kumar Keshari, learned counsel

appearing on behalf of Tilka Manjhi Bhagalpur University, Mrs.

Nivedita Nirwikar, learned counsel appearing on behalf of

L.N.Mithila University, Mr. A.B. Sinha, learned counsel appearing

on behalf of both L.N.Mithila University and Veer Kunwar Singh

University, Mr. Ajay Kumar Sinha, learned counsel usually

appearing on behalf of Patna University, Mr. Jai Shankar Bernwal,

learned counsel appearing on behalf of Magadh University, Mr.

R.K.Giri, learned counsel appearing on behalf of B.R. Ambedkar

Bihar University, Mr. Hemendra Kumar Singh, learned counsel

appearing on behalf of B.N.Mandal University, Mr. Harendra Pd.

Singh, learned counsel appearing for Kameshwar Singh

Darbhanga University and Mr. Amar Nath Singh, learned counsel

appearing on behalf of Jai Prakash University.

The Director, Higher Education, as also all the

Registrars of the aforementioned Universities, shall remain

personally present in Court on 21st November, 2011.

(Mihir Kumar Jha,J.)

Surendra/