Patna High Court - Orders
Raja Ram Singh vs The State Of Bihar & Ors on 20 February, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11996 of 2006
KRISHNANAND SINGH, S/o Late Haridwar Singh, resident of
Mohalla-Gaurashni Gajraj, Gali No. 10 Ward No. 3, P.O.+ P.S.
Sasaram, District- Rohtas
-With-
CWJC No.692 of 2008
MITHILESH KUMAR PANDEY, S/o Shri Radha Mohan
Pandey, Maharaja Hatha (Behind B.D.O. office) P.O.- Ara, P.S.
Nawada, Ara, District-Bhojpur
-With-
CWJC No.9553 of 2006
CHITRANJAN SINGH, S/o Shri Nathuni Prasad Singh, Resident
of Village & P.O. Dhangai, Via-Bikramganj, P.S. Bikramganj,
District- Rohtas, at present working as Lecturer in Mathematics,
Shershah College, Sasaram, District- Rohtas
-With-
CWJC No.11845 of 2006
DILIP KUMAR, S/o Late Jagarnath Prasad Pandit,
C/o Jagdish Tiwary, near BSNL Mobile Tower Gaurashni,
Sasaram
-With-
CWJC No.12003 of 2006
DR.SATYANARAIN SHARMA, S/o Late Sukhan
Sharma, Resident of village-Saina, P.O. - Silari, P.S.-
Sheosagar, District- Rohtas
-With-
CWJC No.10407 of 2006
1. DR.ASHOK KUMAR SINGH , S/o Sri Narain Singh, resident
of Mohnalla- Takiya (Gumati) Kishan Bhawan, At and P.O.
Sasaram,
2. Nagendra Kumar, S/o Gorakh Prasad Kashyap, resident of
Mohalla-Gurrarh (Near Satisthan) P.O. & P.S. Sasaram,
District- Rohtas
3. Raj Kumar Prasad, S/o Late Dukhi Shah, P.O. & P.S.
Karwandia, Sasaram, District- Rohtas
At present- all three posted as Lecturers of Commerce
in Shershah College, Sasaram, Rohtas
4. S.M. Sahabuddin, S/o S.M. Saiduddin, resident of Mohalla-
manalpura, P.O. & P.S. - Sasaram, Rohtas
Presently posted as Lecturer of Urdue in Shershah College,
Sasaram, District-Rohtas
-With-
CWJC No.6707 of 2006
1. HRIDAY NARAIN SINGH, S/o Late Jagropan Singh, At and
P.O. Khanethi, P.S. Sonahan, District- Kaimur (Bhabua) at
present- posted as Lecturer of Political Science, Shershah
College, Sasaram, District- Rohtas
2. Bindeshwari Singh, S/o Late Ram Dayal Singh, At Ekli, P.O.-
Sonbarsa (Kesath) P.S. Nawanagar, District- Buxar, at
2
present- posted as Lecturer of Psychology , Shershah
College, Sasaram, District- Rohtas
3. Muni Ram Singh, son of Late Bhagirath Singh, At & P.O. -
Dibhiyan, P.S. Karaghar, District- Rohtas, at present posted
as Lecturer of Philosophy, Shershah College, Sasaram,
District- Rohtas
4. Krishna Mohan Srivastava, S/o Late Uma Shankar
Srivastava, At & P.O. -Karahausi, P.S.- Buxar, District-
Buxar at present-posted as Lecturer of Chemisty in
Shershah College, Sasaram, District-Rohtas
.........................Petitioners.
-With-
CWJC No.6702 of 2006
1. TRIYOGI SINGH, S/o Late Ram Bhinik Singh, At+P.O.
Mabaroh, P.S. Natwar, District- Rohtas at present posted as
Lecturer in Zoology in Shershah College, Sasaram, District-
Rohtas
2. Alimul Haque, S/o Lage Md. Mazahrul Haque, resident of
Mohalla-Chhota Shekhpura, P.O.-Sasaram, P.S. Sasaram,
District -Rohtas at present posted as Lecturer of Urdu in
Shershah College, Sasaram, District- Rohtas
3. Rajendra Prasad Singh, S/o Ramadhar Singh, At+ P.O.
Semari, P.S. Karaghar, District- Rohtas at present posted as
Lecturer of Physics in Shershah College, Sasaram, District-
Rohtas
Versus
1. THE STATE OF BIHAR
2. The Secretary , Human Resources Development Department,
Bihar, Patna
3. The Director, Higher Education Department, Govt of Bihar
Patna
4. Veer Kunwar Singh University, Ara through its Vice
Chancellor
5. The Vice Chancellor , Veer Kunwar Singh University, Ara
6. The Finance Commissioner , Veer Kunwar Singh University,
Ara
............................(Respondents in all cases)
7. The Registrar, Veer Kunwar Singh University, Ara
(Respondent in C.W.J.C. Nos. 10407/06, 6707/06 & 6702/06)
-With-
CWJC No.11877 of 2008
SHASHIDHAR NARAYAN JHA, S/o Late Jagdhar Jha, Resident
of Mohalla-Bela Garden, Police Station- University Campus,
District-Darbhanga
-With-
CWJC No.16004 of 2008
SHASHI BHUSHAN KUMAR, S/o Sri Kedar Singh,
Resident of village- Chechaul, Police Station- Naubatpur,
District- Patna
3
-With-
CWJC No.17663 of 2008
KANCHAN MALA THAKUR, D/o Sri Damodar Thakur,
Resident of Mohalla- Bela Garden, Police Station- University
Campus, District- Darbhanga
Versus
1. THE STATE OF BIHAR through the Commissioner-cum-
Secretary , Deptt of Higher Education, Govt of Bihar Patna.
2. The Commissioner-cum-Secretary , Deptt of Higher Education,
Govt of Bihar Patna.
3. The Vice Chancellor , L.N. Mithila University, Darbhanga
4. The Registrar, Lalit Narayan Mithila University, Darbhanga
......................(Respondents in all three cases)
With-
CWJC No.1038 of 2008
ARUN KUMAR SINGH, S/o Tej Pratap Singh,
Resident of Village- Saidpur, P.O.Fatuha, P.S. Fatuha,
District- Patna
-With-
CWJC No.793 of 2008
RAJA RAM SINGH, S/o Ram Sinhasan Singh,
Resident of "Gopal Niwas" New Area, Opposite J.K.
Hotel, P.O. Aurangabad, District- Aurangabad
-With-
CWJC No.275 of 2008
KUMARI MEENA SINGH, D/o Dr. Rajemndra Prasad
Singh, A.P.House, G.T. Road, New Area, P.O. + P.S.
Sasaram, District- Rohtas
-With-
CWJC No.1712 of 2008
AWADHESH KUMAR SINGH, S/o Late Manager
Singh, Opposite Hindustan Band Party, Ashok Raj Path,
Gurhatta, P.O.- Jhaoganj, P.S. Khajekala, Patna-City
-With-
CWJC No.14836 of 2007
ARUN KUMAR SINGH, S/O Shri
Shyamnandan Singh, Surya Sadan, New Area,
Bahubazar, Ara.
-With-
CWJC No.8456 of 2007
BIRENDRA KUMAR SINGH, S/o Shri
Ram Shingar Singh, Gopal Niwas, Gyanpuri,
New Area, P.O. + P.S. - Aurangabad,
District- Aurangabad
-With-
CWJC No.5740 of 2007
GOPAL SINGH, S/o Harsh Prasad
Singh, Mohalla-Shrikrishna Nagar Ahri,
P.O.+P.S. Aurangabad, District- Aurangabad
.
4
For the petitioner: Mr. Ajay Kumar Singh
For the State: S.C. 23
For the Magadh university: 1. Mr.Vivekanand Kumar
2. Mr. Dhirendra Kr. Singh
-With-
CWJC No.9423 of 2007
NIRANJAN KUMAR, S/o Late Ram
Janam Singh, At + P.O. Kurthaul, Near
Middle School, P.S. Parsabazar, via-
Punpun, District- Patna
-With-
CWJC No.9335 of 2007
AJIT KUMAR SINGH, S/o Shri Bharat
Singh, C/o Sitaram Singh, Bansi Bhawan,
Ramnagar, Patna .
-With-
CWJC No.10472 of 2007
URMILA KAUR, W/o Sardar Udai
Singh, Sikh Mission Compound,
Harimandirgali, ouganj, Patna City District-
Patna.
-With-
CWJC No.10565 of 2007
SHYAM SARAN SAH, S/o Late Ram
Saran Sah, resident of Chowk Shikarpur near
R.P.M. College, P.O. Begumpur, P.S. Chowk,
Patna, District- Patna.
-With-
CWJC No.16142 of 2007
LAL NARAYAN SINGH, S/o Shri Sarju
Prasad Singh, Resident of Mohalla-New Area
Chittorgarh, Road No. 3, P.O. + P.S. -
Aurangabad Narar, Aurangabad
Versus
1. THE STATE OF BIHAR
2. The Secretary-cum-Commissioner,
Human Resources (Higher Education),
Department, Govt of Bihar, Patna
3. The Director, Higher Education
Department, Govt of Bihar, Patna
4. Magadh University , Bodh-gaya through its
Vice Chancellor
5. The Registrar, Magadh University, Bodh-
Gaya
6. The Finance Officer , Magadh University,
Bodh-Gaya.
...................................(Respondents in all cases)
For the petitioner: Mr Sunil Kumar Singh (in C.W.J.C. No. 11996/06)
For the State: Mr. Md. Aslam Ansari, J.C. to S.C.-14 (in C.W.J.C. No. 275/08)
Mr. Brij Kishore Singh, A.C. to S.C.12
5
For Veer Kunwar Singh University: Mr Vinay Kirti Singh (in all cases of V.K. University)
2. 20.02.2009Heard learned counsel for the petitioners and the state.
In all these cases, the petitioners are teaching and non-teaching staffs of Lalit Narayan Mithila University, Darbhanga , Magadh University , Bodh-Gaya and Veer Kunwar Singh University, Ara .
Petitioners; in C.W.J.C. Nos. 11877/08, 16004/08 & 17663/08, are teachers of post graduate departments of Lalit Narayan Mithila University, Darbhanga. Petitioners in C.W.J.C. Nos. 11996/06, 692/08, 9553/06, 11845/06, 12003/06, 10407/06, 6707/06 & 6702/06 are; teaching and non-teaching staff of Veer Kunwar Singh University, Ara and rest are of Magadh University , Bodh Gaya.
Prayer of the petitioners in all these writ applications, is for a direction to the respondents- universities and other authorities for payment of arrears of difference of salary for the period 1986 to 2002 and also up to 2005 in some of the cases on account of enhancement of their salary in UGC scale. Petitioners have prayed for payment of interest on such amounts.
Counsels for the petitioners submit that the Principal of the concerned colleges where the petitioners are working, have inquired into the amount of arrears 6 relating to each of the petitioners and the estimated arrears have been sent to the concerned universities and it is now for the university-authorities to inquire into the matter and pass an order for payments of the arrears of salary. Petitioners who are teaching staffs of Post- graduate department in Lalit Narayan Mithila University, Darbhanga in their cases, university itself has enquired and arrears payable to them have been calculated.
Considering every thing and also that in similar cases, directions have been issued to the concerned university for considering the grievance of the petitioners and dispose of their claim by speaking order expeditiously preferably within the period of ten weeks on receipt of the representation, similar direction is being issued in these cases also, petitioners are directed to file their representations before the Vice Chancellor of the concerned university specifically mentioning their claim. The Vice Chancellor or the concerned authorities, thereafter, will examine it and pass an order within ten weeks as stated above. It is, further directed that if any claim or part of the claim of the petitioners is found not admissible as per rule , the Vice Chancellor shall indicate the reasons for declining the claim in the order to be passed on representation. While passing such orders, the authority shall also consider with regard to payment of 7 interest over the amount which was found payable but could not be paid for the considerable period of time. The order passed on representation shall be communicated to the concerned petitioners through registered post. The State Government is also directed to release requisite funds for payment to the petitioners on filing of requisition for such amount by the university. The fund should be released by the Secretary, Higher Education, Government of Bihar, Patna without any delay on receipt of such requisition, preferably within four weeks of receiving such requisition.
All these writ applications are, accordingly, disposed of with aforesaid directions/observations.
AKV/ ( Mridula Mishra, J )