IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18917 of 2010 1. KRIPANAND SHARMA, Son of Baijnath Sharma, Resident of Village- Maner Telpa, P.O. Bikram, District-Patna 2. Krishnandan Prasad Singh, Son of Late Chinta Mani Prasad Singh, Resident of Village & P.O. Mankuro, Pin- Code 801110, District-Patna. 3. Surendra Prasad, Son of Late Baldhari Yadav, Resident of Village-Chihuta, P.O. Beni Bigha, District-Patna. 4. Upendra Sharma, Son of late Mahendra Singh, Resident of Village &P.O. Kant, District-Patna. 5. Chandredeo Prasad Singh, Son of Late Manu Prasad Singh, Resident of Village- Dhanchhuha, Police Station Baigaon, Police Station-Koch, District-Patna. 6. Vinay Paswan, Son of Late Ram Pravesh Paswan, Presently posted as Routine Clerk, at G.J. College Rambagh, Bihta, Patna. 7. Binesh Ram ,Son of Yadunandan Ram, Resident of Village- Goraila , P.O.- Bambux Jaitipur, District-Patna. 8. Rina Devi Wife of Sheo Shankar Tiwary, At and P.O. Umedpur(Baksar) 9. Ram Bali Yadav, Son of Sri Bishundeo Yadav, Resident of Village- Bandi Chak, P.O. Kerari, Police Station- Belchhi, District-Nalanda. Versus 1. THE STATE OF BIHAR. 2. Secretary Department of Human Resources Development, Government of Bihar, Patna. 3. Director, Higher Education, Government of Bihar, Patna. 4. Vice Chancellor, Magadh University, Bodhgaya, District-Gaya. 5. Registrar, Magadh University, Bodh Gaya, Gaya. 6. Principal/Principal –Incharge, G.J. College, Ramgarh Bihar, District-Patna. with CWJC No.18736 of 2010 1. MOHAN DAS, Son of Late Sri Ramjatal Das, At Lala Babu Road, P.O. R.S., Gaya, District-Gaya. 2. Madan Prasad, Son of Late Ramji Prasad, At and P.O. Husena, Police Station-Sarmera, District-Nalanda. 3. Chhote Lal Das, Son of Sri Lal Das, At and P.O. Saharan, District-Saharsa. 2 4. Shyam Kishore Prasad, Son of Late Kashi Yadav, At and P.O. Sherpur, District-Nalanda. 5. Ram Sharan Prasad Yadav, Son of Sri Hari Narayan Prasad, At Dayal Chak, P.O.- Parsawan, District-Patna. 6. Chandan Poddar, Son of Sri Lakhan Poddar, Resident of Village- Rakhauta, P.O.-Khojraha, Via-Manguar, District- Saharsa. 7. Padam Nath Singh Sisaudiya, Son of Late Namwar Singh, Resident of Village- Kaul, P.O. Faizullahpur, District-Mau (Uttar Pradesh) 8. Tej Narayan Yadav, Son of Sri Lakshmi Prasad Yadav, Resident of Village- Chakla, P.O.-Sakhua, District- Supaul. Versus 1. THE STATE OF BIHAR & ORS . 2. Principal Secretary Department of Human Resources Development, Government of Bihar, Patna. 3. Director, Higher Education, Government of Bihar, Patna. 4. Vice Chancellor, Magadh University, Bodhgaya, District-Gaya. 5. Registrar, Magadh University, Bodh Gaya, Gaya. 6. Principal/Principal –Incharge,G.J. College, Ramgarh Bihar, District-Patna. ----------- 3. 28.04.2011 This court fails to understand as to why disputes are raised for the sake of dispute by respondents. Matters settled many years ago by various decisions by the court are suddenly forgotten and the same issue is re-agitated for denying the benefit to which these petitioners are entitled to. There are 8 petitioners were working in the non- teaching post category and what is known as G.J. College Rambagh Bihta in the District of Patna, a constituent college of Magadh university. They were appointed on various posts 3 way back in the year 1982. There is no dispute that these persons did not come within the ambit of the sanctioned posts for the college but their case came within the ambit of what is known as the staffing pattern which was dealt with in detail by a Full Bench of this Court which was the case of Braj Kishore Prasad Vs. The State of Bihar and Others reported in 1994(1) P.L.J.R834 and 1997(1) P.L.J.R.509. So far as these petitioners are concerned, from perusal of Annexure 3 it is evident that they are at least 15 persons who were working in the college from 01.02.1982 and their case comes within the staffing pattern so far as Class III and Class IV post holders are concerned. As per decision of the Full Bench as well as the subsequent direction given by the High Court they would be deemed to be working against sanctioned posts and no prior approval of the State Govt. was required by the authority since the petitioners are appointees of the year 1982. Their case is covered by the Full Bench decisions and it is also not disputed that payment to the petitioners have been made but for reasons best known to the respondents these payments are stopped from time to time forcing them to come to the High 4 Court to seek a direction or declaration in their favour . The counter affidavit filed on behalf of the Magadh University refers to a letter issued by the State Govt. dated 15th September 2010 wherein certain directions have been given with regard to release of payments and the persons entitled to receive the same. It is the stand of the university that no person beyond the sanctioned strength is to be allowed payment of salary and that is the reason why payment to these petitioners have been stopped as they are beyond the sanctioned posts. The stand of the university is obviously in the teeth of the Full Bench decision as well as contrary to the communication which they themselves have made with the Director, Higher Education which is to be evident from reading Annexure 3. Even otherwise the posts which have been released in favour of this college does indicate that though the sanctioned strength of the college on non- teaching staff is 24 but the total non-teaching persons working are 46. If this position has been accepted by the State Govt. and if the status of the petitioners have also been certified by the University then the Court fails to understand 5 as to why such issues have been raised time and again for non-payment of salary to these persons who are working in the college for more than three decades now. Obviously the reason not to pay the petitioners are otherwise and not because of the stand of the State Govt. in the communication addressed to the various Universities . This writ application is disposed of with a clear direction upon the Vice Chancellor of Magadh University, Bodhgaya that he has to take steps for payment of salary to the petitioners and in this regard appropriate direction or steps must be taken within a period of six weeks from the date of production and communication of a copy of this order. If the occasion for obtaining post-facto approval from the State Government arises, steps in this direction too will be taken by the University. Nitesh (Ajay Kumar Tripathi, J)