IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12724 of 2010 1. PATNA UNIVERSITY TEACHER'S ASSOCIATION OLD LIBRARY BUILDING , PATNA UNIVERSITY, PATNA THROUGH ITS GENERAL SECRETARY, DR. RANDHIR KUMAR SINGH S/O SHRI ANANT PRASAD SINGH R/O P/489, VIDYAPURI, LOHINAGAR, KANKARBAGH, PS.PATRAKAR NAGAR, DISTT-PATNA 2. DR. RANDHIR KUMAR SINGH S/O SHRI ANANT PRASAD SINGH R/O P/489, VIDYAPURI, LOHINAGAR, KANKARBAGH, PS.PATRAKAR NAGAR, DISTT-PATNA 3. PROF. SURENDRA MOHAN ASHOK S/O LATE MADAN MOHAN PRASAD VERMA R/O SAIDPUR PROFESSORS' QUARTER, RAJENDRA NAGAR, P.S.SULTANGANJ, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT BIHAR, PATNA 2. SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT BIHAR, PATNA 3. DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCE DEVELOPMENT DEPARTMENT BIHAR, PATNA 4. PATNA UNIVERSITY, PATNA THROUGH ITS REGISTRAR 5. VICE CHANCELLOR, PATNA UNIVERSITY PATNA 6. REGISTRAR, PATNA UNIVERSITY PATNA ----------- 3 27.09.2010 The Teachers’ Association of Patna University have filed this writ petition for payment of their salary. They state that earlier the salary used to be paid by the University month wise from internal resources and as and when Government grants in that respect came, they were then utilized to replenish the accounts from which payments have been made. This way, the University was maintaining a month to month payment basis. Now the State has issued prohibitory orders not to utilize any other fund generated by internal resources for payment of salary. On behalf of petitioners, it is submitted that such a direction is ultra vires, the powers of the State and ultra vires of the Statute. 2 It is submitted that in effect what has happened now is that funding from the State not being regular and the University having been prevented from utilizing its internal resources, the two combined has resulted in no payment to the employees since May, 2010. In my view, the prohibitory directions issued by the State are totally uncalled for and cannot be sustained. It is accordingly set aside. The reason is that the State is under obligation to ensure timely payment of wages of the employees of the University. That is the decision of the State also. If State, for its bureaucratic reason, delays payment on this account to the University, it cannot direct the University to stop payments in the meantime, even if University has funds otherwise available. That would be unreasonable and unjust. The University would be at a liberty to utilize its internal resources to make payment of salary so long as it replenishes those accounts from the first payment it receives from the State in that regard. This way, timely payment to the employees would be maintained with no loss to the accounts under internal resources. Accordingly, the State would be required to make payment of salary to the University on month to month basis without letting it accumulate so that University might endeavour not to utilize other funds for payment of salary accordingly. But, at the cost of repetition, it is stated that if the funds from the State gets delayed then University would use its internal resources but in any case not delay or stop payments. 3 With these observations and directions, this writ petition is disposed of. Considering the impending Durga Puja Holidays and the long period for which payments have not been made, it is expected that University would clear payments of its employees from whatever sources within a period of 15 days and the State, it is expected, would ensure transfer of sufficient funds to the University at the earliest. M.E.H/Shahzad (Navaniti Prasad Singh, J)