IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8390 of 2006 1. LALAN DUBEY son of late Jagnarayan Dubey, resident of village – Harnichak, P s – Phulwarisharif, District – Patna. 2. Braj Kishrore Dubey, son of late Ram Jogi Dubey, resident of Shankar Path, Punaichak, PS- Shastinagar, District – Patna. 3. Pramod Kishore Tiwari, son of late Raj Kishore Tiwari, resident of Razia Niwas Punaichak, P.S. Shastrinagar, District – Patna. 4. Budhan Verma, son of late Ram Pyar Sao, resident of quarter No.9, Veerchand Patel Marg, Kotwali, District – Patna. 5. Vijay Kumar Singh, son of Sri Ramanand Singh, resident of Ranighat Lane, P.S. Sultanganj, District – Patna. 6. Shivjee Singh son of Sri Nithali Singh, resident of Yadav Lodge, Baldeo Bhawan Road,, Punaichak, P.S. Shastrinagar, District – Patna. 7. Nathun Sao alias Nathun Sah son of late Ram Chandra Sao, resident of Mohalla – Indrapuri, P S – Patliputra, District – Patna. 8. Ganesh Prasad son of late Yatri Nunia, resident of mohalla – A G Colony, P S – Shastrinagar, District – Patna. 9. Md. Nawab son of Md. Maul Baksh, resident of Indira Nagar Rajapour, P S – Patliputra, District – Patna. 10.Lakhshi Kant Pandey, son of late Kedar Nath Pandey, resident of Hari Niwas, Road No. 39, Anishabad, P.S. Gardanibagh, District – Patna. 11.Basant Lal son of Sri Basu Lal, resident of Vikash Nagar Kurji, P.S. Patliputra, District – Patna. 12.Raj Bahadur Prasad, son of Sri Nangru Prasad, resident of Janta Road, Old Jakkanpur, P.S. Jakkanpur, District – Patna. 13. Shaym Kishore Britia, son of sri Jagdish Sharan Britia, resident of Ganesh Kutir, Chandmari Road, P S – Kankarbagh, District – Patna. 14. Hare Ram Tiwari, son of Munniram Tiwari, resident of B Area, Mithapur, P S – Jakkanpur, District – Patna. 15. Shiv Prasad, son of late Jagannath Prasad, resident of Buddha Marg, P S – Kotwali, District – Patna. 16.Murari Poddar, son of late Ram Narayan Poddar, resident of Road No. 6 D, Babu Bazar, P.S. Gardanibagh, District – Patna. 17.Sanjay Kumar son of Sri Jainandan Singh, resident of Gandhi Setu, Link Road, P.S. Alamganj, District – Patna. _____________ Petitioners Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Higher Education, Government of Bihar, Patna. 2. Deputy Secretary, Department of Higher Education, Government of Bihar, patina. 3. Director, Higher Education, Department of Higher Education, Government of Bihar, Patna. 4. Chairman cum Directory, Bhojpuri Academy, Department of Higher Education, Government of Bihar, Patna. _______________ Respondents ----------- 2 07. 7.7.2010 Many an institutions were set up by the State of Bihar with much fan fair. Bhojpuri Academy was one of them. The resolution of the State of Bihar is dated 20th March, 1978, which would be evident from annexure-1 to the writ application. The object and purpose of setting up such an institution is evident from the opening sentence of the resolution. After the establishment of the Academy people got posted or employed over a period of time and the petitioners have brought on record the details of the various posts which are sanctioned and are being occupied by persons. Details are in annexures-20 to 23, which have been annexed with the supplementary affidavit filed by the petitioners in light of the observation of this Court reflected in the order dated 1.5.2007. Many institutions established in similar fashion became victim of neglect. The enthusiasm of the State Government waned and since these institutions had not mechanism to generate revenue for themselves, lack of support from the State led to their withering. There has been complete adhocism prevailing in matter of allocation of funds. Immediate victims are the employees who have been made to work in the said Academy. Non payment of salary for years together have reduced the petitioners virtual to penury and it is in this background that they have decided to file this writ application and approach the High Court. The obligation of the State so long the institute remains alive cannot be wished away and the responsibility created from such creation of the institute will continue so long as they exist. 3 If the State had power to create the Academy, they also have power to wind it up. But till such a decision is taken the employees working thereunder have a constitutional right for payment of their salary on a regular basis. The employees of the Academy cannot be equated with the employees of the Public Sector Undertakings for the reason that the object of setting up the Public Sector Undertakings was to embark on a business venture and they had mechanism to generate their own resources and income. If that is so, then the State have obligation to meet the expenses of the Academy and to ensure timely payment to their employees so long as they remain on the rolls. No counter affidavit has been filed on behalf of the State despite writ application being taken up on many an occasions since 2006. The stand of the State, therefore, is not known or has not been made known to the Court. Since the creation of the dispute is because of inaction on the part of the State in this regard, the resolution of the dispute will have to emerge from them. The writ application is disposed of with a direction upon the Principal Secretary, Department of Higher Education, Government of Bihar, which is stated to be the nodal department looking after the Academy, to look into all aspects of the matter, if need be take appropriate approval / directions / sanctions from the higher authorities and to ensure that ways and means are worked out either to revive the Academy or to wind it up. In so far as the claim of the present petitioners for salary etc. is concerned, it goes without saying that the 4 State will make allocation for payment not only of their arrears but also their current salary. The Court expects some decision in this regard within next four months. The writ application stands allowed and disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)