IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1589 of 2010 ANJU DEVI Versus THE STATE OF BIHAR & ORS WITH CWJC No.1654 of 2010 SHALIGRAM SINGH Versus THE V.C.,TILKA MANJHI BHAGALPUR WITH CWJC No.2064 of 2010 SHIV NANDAN PRASAD SINGH Versus TILKA MANJHI UNIVERSITY & ORS WITH CWJC No.2456 of 2010 AWANINDRA KUMAR SINHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.3316 of 2010 SMT.ASHA DEVI Versus THE TILKA MANJHI BHAGALPUR UNI WITH CWJC No.4890 of 2010 DR.(MRS.)REKHA SINHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.4991 of 2010 JAIPRAKASH SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.5160 of 2010 DEO KUMAR MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.6327 of 2010 TARKESHWAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.6633 of 2010 BIRENDRA KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS - 2 - WITH CWJC No.7032 of 2010 DR.DURGESH NANDINI VERMA Versus THE STATE OF BIHAR & ORS WITH CWJC No.7365 of 2010 DR.ANJANI KUMAR MISHRA & ORS Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.7456 of 2010 DEO NATH CHOUDHARY & ORS Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.7704 of 2010 DR.USHA PURI & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.7710 of 2010 DR.RAJIV RANJAN MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8028 of 2010 DR.BINOD KUMAR Versus THE STATE OF BIHAR & ORS WITH CWJC No.8076 of 2010 VISHESHWAR SINGH & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.8799 of 2010 DR.MIRZA SARFRAZ HUSSAIN'JOHN' Versus THE STATE OF BIHAR & ORS WITH CWJC No.9193 of 2010 MD.QUAMRUL HODA Versus THE T.M.BHAGALPUR UNIVERSITY& WITH CWJC No.9339 of 2010 BINAY KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS - 3 - WITH CWJC No.9461 of 2010 DR.SUBHASH CHANDRA SINGH & ANR Versus THE T.M.BHAGALPUR UNIVERSITY&O WITH CWJC No.9476 of 2010 MUKESH KUMAR SINHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.9784 of 2010 INDRAPATI PODDAR Versus THE STATE OF BIHAR & ORS WITH CWJC No.9803 of 2010 DR.KUMARI RENUKA & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.9807 of 2010 PROF.DR.SITARAM SHARMA Versus THE T.M.BHAGALPUR UNIVERSITY & ORS WITH CWJC No.10016 of 2010 DR.PREM SHANKAR PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.10031 of 2010 SHIV SHANKER MANDAL @ DR.SHIVE Versus THE STATE OF BIHAR & ORS WITH CWJC No.10094 of 2010 MD.EQBAL Versus THE STATE OF BIHAR & ORS WITH CWJC No.10130 of 2010 TABASSUM PERWIN & ANR Versus THE STATE OF BIHAR & ORS WITH CWJC No.12526 of 2010 DR.SANJAY KUMAR JHA Versus THE T.M.BHAGALPUR UNIVERSITY & - 4 - WITH CWJC No.9439 of 2010 DR.SARBADA NAND SINGH Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.11960 of 2010 ABINASH KUMAR THAKUR Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.13390 of 2010 DR.KUMAR LAL BAHADUR SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.13817 of 2010 MD.HAROON RASID & ORS Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.13890 of 2010 UTTAM CHANDRA JHA Versus THE T.M.BHAGALPUR UNIVERSITY & WITH CWJC No.14851 of 2010 DR.ARVIND KUMAR & ANR Versus THE STATE OF BIHAR & ORS WITH CWJC No.14910 of 2010 DR.NUSRAT YUNUS Versus THE STATE OF BIHAR & ORS WITH CWJC No.14931 of 2010 SMT.INDU BALA PODDAR Versus THE STATE OF BIHAR & ORS WITH CWJC No.10281 of 2010 DR.MOHAN MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.11664 of 2010 ROHIT KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS - 5 - WITH CWJC No.12001 of 2010 BALANAND SINHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.12976 of 2010 DR.POONAM RANI Versus THE STATE OF BIHAR & ORS WITH CWJC No.4986 of 2010 DR.UDAI PRAKASH SINHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.14035 of 2010 PROF.PRABHU DAYAL RAI & ANR Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.7418 of 2010 DR.MAMTA RANI THAKUR & ORS Versus THE L.N.MITHILA UNIVERSITY &OR WITH CWJC No.10501 of 2010 PROF.DR.KRISHNA CHANDRA MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.7484 of 2005 SHARDA DEVI & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.7868 of 2010 MD.AFTAB ASHRAF Versus THE STATE OF BIHAR & ORS WITH CWJC No.7909 of 2010 TARNI PRASAD SINGH Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.7911 of 2010 DR.RAMAWATAR PRASAD Versus THE V.C.,L.N.MITHILA UNIVERSITTY - 6 - WITH CWJC No.7938 of 2010 DR.NIRMALA JHA Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.7949 of 2010 (DR.)MADHAV CHOUDHARY Versus THE STATE OF BIHAR & ORS WITH CWJC No.7963 of 2010 UPENDRA PRASAD SINGH Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.7970 of 2010 DR.KAMESHWAR PRASAD SINGH Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.8090 of 2010 DR.MAHESH CHANDRA CHAUDHARY Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.8108 of 2010 UDAY NARAIN SINGH Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.8157 of 2010 DR.(MRS)MANSA KUMARI SULTANIA Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.8201 of 2010 MALTI JHA & ANR Versus THE STATE OF BIHAR & ORS WITH CWJC No.8294 of 2010 KRISHNA KUMAR JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8445 of 2010 MAHENDRA KUMAR MAHTO Versus - 7 - THE STATE OF BIHAR & ORS WITH CWJC No.8524 of 2010 RADHA GOVIND JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8577 of 2010 DR.BRAJENDRA KUMAR JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8671 of 2010 DR.SYED SAJJAD HAIDER Versus THE STATE OF BIHAR & ORS WITH CWJC No.8689 of 2010 BALNATH JHA & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.8776 of 2010 PROF.BESH LAL PASWAN Versus THE STATE OF BIHAR & ORS WITH CWJC No.8782 of 2010 DR.RAM KRISHNA JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8783 of 2010 DR.DAMAN KUMAR JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8814 of 2010 PROF.DR.MANINDRA KUMAR Versus THE STATE OF BIHAR & ORS WITH CWJC No.8833 of 2010 SHIKSHAKETTAR KARAMCHARI SANGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.8867 of 2010 PROF.UMESH CHANDRA CHAUDHARY Versus - 8 - THE STATE OF BIHAR & ORS WITH CWJC No.8872 of 2010 LAKSHMI KANT MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8873 of 2010 PROF.CHANDRA SEKHAR JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8877 of 2010 PROF.HARE KRISHNA JHA 'HARI' Versus THE STATE OF BIHAR & ORS WITH CWJC No.8914 of 2010 DR.RAM SAGAR SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.8920 of 2010 DR.SHIVESH CHANDRA JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8933 of 2010 PROF.RAMA KANT MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.8989 of 2010 KUNDAN KUMAR SINGH Versus THE STATE OF BIHAR & ORS WITH CWJC No.8992 of 2010 DR.AVESH CHANDRA JHA Versus THE STATE OF BIHAR & ORS WITH CWJC No.9039 of 2010 PROF.BIRENDRA KR.SRIVASTAVA Versus THE STATE OF BIHAR & ORS WITH CWJC No.9046 of 2010 JIBENDRA DUTTA JHA Versus - 9 - L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9061 of 2010 DR.VIJAY KUMAR MISHRA Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9064 of 2010 DR.VIJAY CHANDRA JHA Versus THE LALIT NARAYAN MITHILA UNIV WITH CWJC No.9117 of 2010 AMARNATH JHA Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9123 of 2010 DR.KRISHNAKANT JHA Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9135 of 2010 DR.MAHESH JHA Versus LALIT NARAYAN MITHILA UNIVERSI WITH CWJC No.9140 of 2010 DR.VIDYANAND JHA Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9152 of 2010 DR.PRABODH JHA Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9155 of 2010 DR.SATYANAND THAKUR Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9165 of 2010 DR.ASHARFI KAMATI Versus L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9211 of 2010 DHANESHWAR THAKUR Versus - 10 - L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.9288 of 2010 SURENDRA SETH Versus THE STATE OF BIHAR & ORS WITH CWJC No.9453 of 2010 SHASHI BHUSHAN MISHRA Versus THE STATE OF BIHAR & ORS WITH CWJC No.9485 of 2010 DR.BIBEKA NAND JHA Versus THE L.N.MITHILA UNIVERSITY & ORS WITH CWJC No.11070 of 2010 DR.MD.QUTUBUDDIN ALAM Versus THE V.C.OF L.N.MITHILA UNIVERSITTY WITH CWJC No.12623 of 2010 LAV KUSH SHARMA & ORS Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.12827 of 2010 HIRA LAL GUPTA Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.12846 of 2010 PRATAP NARAYAN ROY Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.12871 of 2010 KEWAL KRISHAN LAL DAS Versus THE V.C.,L.N.MITHILA UNIVERSITTY WITH CWJC No.12880 of 2010 PURNA CHANDRA LAL DAS Versus THE V.C.,L.N.MITHILA UNIVERSITTY ----------- 05 26.10.2010 Pursuant to orders of this Court, learned Principal - 11 - Secretary, Human Resources Development Department, Government of Bihar is personally present before this Court. There are thousands of cases of Universities Teachers and non-teaching employees pending, claiming arrears of salary and retiral dues. Principally, the claims are based on pay revision, which were effected in the year 1986 and 1996, which remained unsettled till date, as noted in earlier orders the total arrears liability of the State runs beyond Rs.1000/- crores. This Court is not to see as to how and why this arrear mounted and why in two and half decades matters were not resolved and heard. The anxiety of this Court is two fold. Firstly, the arrears should be cleared and, secondly, the cases in this Court reduced to minimal where there is genuine problem in law. Learned Principal Secretary appreciated the anxiety but put forward his own interest in the shape of the public finance. He assured the Court that soon he would take all possible steps to resolve these issues effectively, once and for all, so that people do not have any grievance left, and the Court is not burdened with unnecessary litigation which involves no law. In the hope that such effective steps would be taken this Court is adjourning these matters. Learned Principal Secretary agrees that in view of the consistent stand of the State that they are not concerned with individual payments to individual persons by the Universities but at the same time cannot be oblivious of the correctness of payments via- media, for the time being would be that under the specific policy guide lines issued by the State to the Universities and, in particular, their Finance Officers. Universities could scrutinize accounts of - 12 - individuals. Those accounts would be served on all staff teaching and non teaching calling for objections. In the meantime, to the extent amount accepted by the Universities from the money received from the State, payment would be made upon an undertaking to be given by the person that in case it is found that any payment is wrongly being made that would be recovered. State would then get the accounts audited and, if they find any discrepancies, they would at the first instance question the Universities and then the person and decide the matter individually. This would leave the person to contest the matter, if he so wants, but this would ensure that payments are not held up at least to the extent it is not in dispute. What this Court find that almost in all cases substantial amount is admitted to be due from 1986 onwards but is to be paid only after High Court’s order. This must end, if the Universities find any amount due, it must pay the amount whether the person comes to the High Court or not. So far as Universities and the State are concerned, the Universities have to send utilization certificate immediately. Learned Principal Secretary complains that in case of some of the Universities, he has stopped making payments of even current salary because utilization certificates of past few months have not been submitted as yet. This shows inability of the respective Vice Chancellors to manage their University. The respective Vice Chancellors have to pull up their shocks and tighten up their Department and the State cannot be faulted in this regard. These are only interim orders in the hope that State - 13 - would come up with a final solution including computerizing pay rolls of all Universities, which would be worth the cost when we find that installation of computer set up for pay rolls at University level would be negligible compared to enormous delayed payment of interest liability which the University/State has to discharge. Put up these matters on 29th November, 2010 by when Universities would ensure payments and filing of comprehensive counter affidavits giving full accounts of all the petitioners. State and Universities would also try and comply with orders passed in these cases previously by this Court. The stand and the co-operation of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna is appreciated by the Court. Trivedi/ (Navaniti Prasad Singh, J.)