CIVIL WRIT JURISDICTION CASE No 1243 OF 1998 *** In the matter of applications under Article 226 of the Constitution of India. *** Chandeshwar Prasad Singh, son of late Damodar Singh, resident of Village – Rupas Maruahi, P S – Bakhtiyarpur, District – Patna at present working as Lecturer in the Department of Hindi at Deochand College, Hajipur - Petitioner Versus 1 The State of Bihar through the Secretary –cum- Commissioner, Human Resources Development Department (Higher Education), Government of Bihar, Patna 2 The Chancellor, Universities of Bihar, Raj Bhawan, Patna 3 The Vice-Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur 4 Bhim Rao Ambedkar University, Muzaffarpur through its Registrar 5 The Syndicate, Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Chairman –cum- Vice Chancellor Dr S N Sinha 6 The Syndicate Sub-Committee, B R A Bihar University, Muzaffarpur through its Chairman –cum- Pro-Vice Chancellor Dr Ram Binay Singh 7 The Principal, Deochand College, Hajipur 8 Smt Narayani Kumari, wife of Sri Upendra Narayan, working as Lecturer in the Department of Hindi at Deochand College, Hajipur against second vacant post at Jamunilal College, Hajipur - Respondents W I T H CIVIL WRIT JURISDICTION CASE No 1232 of 1998 1 Sudha Singh, wife of late Dr Ramesh Pd Singh 2 Sonal Gaurav 3 Mirnal Gaurav, both sons of late Dr Ramesh Pd Singh 4 Shiwangi Gaurav, daughter of late Dr Ramesh Pd Singh, residents of village – Panapur Dilawarpur, P O – Madhurapur, P S – Biddupur, District – Vaishali 5 Upendra Prasad Singh, son of Sri Chand Ketu Prasad Singh, resident of village – Harpur Gopal, P S – Biddupur, District – Vaishali, at present working as Lecturer in the Deochand College, in the Department of Political Science, Deochand College, Hajipur 6 Dr Awadh Kishore Singh, son of Sri Bhagwan Dayal Singh, resident of village – Chechar, P S – Biddupur, District – Vaishali, at present working as Lecturer, in the Department of Psychology at Deochand College, Hajipur - Petitioners Versus 1 The State of Bihar through the Secretary –cum- Commissioner, Human Resources Development Department (Higher Education), Government of Bihar, Patna 2 The Chancellor, Universities of Bihar, Raj Bhawan, Patna 3 The Vice-Chancellor, Bhim Rao Ambedkar, Bihar University, Muzaffarpur 4 Bhim Rao Ambedkar, Bihar University, Muzaffarpur through its Registrar 2 5 The Syndicate, Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Chairman –cum- Vice Chancellor Dr S N Sinha 6 The Syndicate Sub-Committee, Bhim Rao Ambedkar Bihar University through its Chairman –cum- Pro-Vice Chancellor Dr Ram Binay Singh 7 The Principal, Deo Chand College, Hajipur 8 Dr Rajiv Nayan Jha working as Lecturer in the Department of History at Deochand College against second vacant post at Jamunilal College, Hajipur 9 Ram Naresh Rai working as Lecturer in the Department of Political Science, Deochand College, Hajipur against second vacant post at Jamunilal College, Hajipur 10 Sheo Nandan Rai, Lecturer in the Department of Psychology at Deochand College, Hajipur against third vacant post at L N College, Bhagwanpur - Respondents *** For the petitioner : Mr Nand Kumar Singh For the Respondents : Mr S C 7 *** P R E S E N T THE HON'BLE MR JUSTICE NAVANITI PRASAD SINGH Navaniti Prasad Singh, J Learned counsel, in the second case, states that petitioner No 1 died in harness. His heirs have been sought to be brought on record by I A No 7716 of 2010. Heard the parties. I A No 7716 of 2010 is allowed. Let the heirs, as mentioned in para-2 of the interlocutory application be treated as substituted petitioners in place of petitioner No 1. Learned counsel for the petitioners submits that they had come to this Court with the prayer for being regularised and recognized as Lecturers duly appointed on the second post in their respective subjects. In the counter affidavit filed by the University, in both the cases separately, University has accepted that the petitioners are on deemed 3 second post duly appointed in their respective subjects. Learned counsel for the petitioners further states that the decision having been taken, petitioners are to be paid accordingly except petitioner No 3 in the second writ petition and they have also been promoted to the post of Readers as well by the University. Thus, he submits that for all intents and purposes, except payment in accordance with the promotions/appointments, the writ petition has become infructuous. Learned counsel for the State states that it is a matter essentially between the petitioners, University and the Chancellor and if the University has now chosen to give the benefit to the petitioners, the State has little role to play in the matter at present. In view of the aforesaid, I see no reason to keep the writ petitions pending any further. It is only expected that the University, having now regularised the services of the petitioners, it must ensure that all payments of legitimate dues for the period in question should be made to the petitioners within three months from today. If payments are not made within three months from today then the petitioners shall be entitled to receive interest for the delayed payment at the rate of 12% from the date the amount so due to the date amounts are paid. The writ petitions are, accordingly, disposed of. (Navaniti Prasad Singh) Patna High Court, The 02nd November, 2010, N A F R, M E Haque/