IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11172 of 2007 1. DR.SIKANDAR CHOUDHARY, S/O SRI KISHORI CHOUDHARY, LECTURER IN SANSKRIT, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT AND P.O.- SINGHIA MAKANDPUR, P.S.-GOPALPUR, DISTRICT- BHAGALPUR. 2. DR. BIRENDRA KUMAR JHA, S/O SRI MANGANILAL JHA, LECTURER IN SANSKRIT, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-TIRASI, P.S.- GOPALPUR, DISTRICT-BHAGALPUR. 3. SMT. ANJU KUMARI, W/O SRI RAM PODDAR, LECTURER IN MUSIC, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-MARWARI DARBHANGA ROAD, DALSING SARAI, P.S.-DALSING SARAI, DISTRICT- SAMASTIPUR. 4. DR. PRAMOD KUMAR YADAV, S/O SRI BINDESHWARI PD. YADAV, LECTURER IN SANSKRIT, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-URDU BAZAR, P.S.-TATARPUR, DISTRICT-BHAGALPUR. 5. DR. CHANDRA PRAKASH SINGH, S/O PROF. SHIV KUMAR SINGH, LECTURER IN R. ECONOMICS, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-ANJULA SADAN, ADAMPUR, P.S.-ADAMPUR, DISTRICT- BHAGALPUR. 6. DR. SHIVESHWAR JHA, S/O LATE SINGHESHWAR JHA, LECTURER IN ENGLISH, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-SALEMPUR, P.S.- POTHIA, DISTRICT-KATIHAR. 7. DR. KIRAN KUMARI, W/O SRI KHAGENDRA KUMAR, LECTURER IN POLITICAL SCIENCE, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-TETIA BANBER, P.S.-TARAPUR, DISTRICT-MUNGER. 8. DR. PREMSHILA SHARAN, W/O SRI AKHILESH KUMAR, LECTURER IN PSYCHOLOGY, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-GAUSHALA ROAD, P.S.-NAUGACHIA, DISTRICT-BHAGALPUR. 9. DR. CHEDDI SAH, S/O LATE SUKDEO SAH, LECTURER IN HINDI, M.A.M. COLLEGE, NAUGACHIA, BHAGALPUR, AT-BARI MAKANDPUR, P.S.-GOPALPUR, DISTRICT-BHAGALPUR. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT BUILDING, PATNA. 2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HUMAN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), VIKASH BHAWAN, PATNA. 3. THE T.M. BHAGALPUR UNIVERSITY THROUGH ITS REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 2 4. THE VICE-CHANCELLOR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 5. THE REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. 6. THE FINANCE OFFICER, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR. ……………RESPONDENTS. ----------- 4 17.02.2010 Petitioners are Lecturers of M.A.M. College, Naugachia a constituent unit of T.M., Bhagalpur University. The college was taken over as constituent unit in the 4th phase college. The case of this College along with other colleges taken over under the 4th phase college was considered by the Hon’ble Supreme Court and by judgment passed in Civil Appeal No. 6098 of 1997 directions were issued for absorption of such teaching and non-teaching staff of 4th phase colleges who were found to have been appointed on sanctioned posts or posts recommended prior to the cut-off date. It is submitted that the petitioners fall in the approved list. Learned counsel for the University does not dispute this fact and submits that the payments of the petitioners have already started and they are being paid their arrears of salary in installments, as and when funds are received from the State Government. He submits that the remaining arrears of salary shall also be paid 3 to them as early as possible, subject to availability of fund. In that view of the matter, the writ application is disposed of and the University is directed to pay arrears of petitioners as soon as possible and on uniform basis and at par with other teachers of the University. Arvind/ (J. N. Singh, J.)