IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.147 of 2006 1. BAIDYA NATH CHOUDHARY SON OF LATE DEO NANDAN CHOUDHARY, RETIRED ASSOC. PROFESSOR OF MATHEMATICS, MUZAFFARPUR INSTITUTE OF TECHNOLOGY, MUZAFFARPUR 2. DR. M. K. P. MISHRA SON OF LATE GAGANDEO MISHRA, RETD. PROFESSOR OF ELECTRICAL ENGINEERING, M.I.T. MUZAFFARPUR 3. KRISHNA CHANDRA JHA SON OF LATE LUXMI NARAYAN JHA RETD. PROFESSOR OF ELECTRICAL ENGG. M.I.T. MUZAFFARPUR, 4. DR. SUNIL RANJAN CHATTERJEE SON OF LATE SHYAMA PAD CHATTERJEE, RETD. PROFESSOR OF GEOLOGY, M.I.T. MUZAFFARPUR 5. DR. BIJOY KUMAR CHOUDHARY SON OF LATE BINDESHWARI CHOUDHARY, RETD. PROFESSOR OF PRODUCTION ENGGG. B.C.E. BHAGALPUR, 6. SUBODH CHANDRA ROY SON OF LATE MADHUSUDAN RAI RETD. PROFESSOR OF MECHANICAL ENGG. M.I.T. MUZAFFARPUR. 7. NIRMAL KUMAR SON OF LATE SURESH KUMAR, SENIOR LECTURER, CIVIL ENGG. M.I.T. MUZAFFARPUR. 8. DR. JURI PRASAD YADAV SON OF LATE M. PRASAD, RETD. PROFESSOR OF MATHEMATICS, M.I.T. MUZAFFARPUR 9. RAM NATH SINGH SON OF LATE RAM DAHIN SINGH, RETD. PROFESSOR OF PHYSICS, M.I.T. MUZAFFARPUR 10. RAMESHWAR PRASAD SINHA SON OF LATE B.P. SINHA, RETD. PROFESSOR OF CIVIL ENGG. M.I.T. MUZAFFARPUR 11. DR. AWADHESH NANDAN SAHAY SON OF LATE AMIR CHAND LAL , RETIRED PROFESSOR OF ELECTRONICS ENGG. B.C.E. BHAGALPUR. 12. SATYA NARAIN PD. SHRIVASTAVA SON OF LATE BANKEY BEHARI LAL, RETD. PROFESSOR OF CIVIL ENGG. M.I.T. MUZAFFARPUR 13. DR. KAMESHWAR PATRALEKH SON OF LATE NUNU LAL PATRALEKH, PROFESSOR OF ELECT. ENGG. B.C.E. BHAGALPUR 14. DR. SURESH NANDAN SINHA SON OF LATE RAM NIRIKSHAN SINHA, RETD. PROFESSOR OF ENGLISH, M.I.T. MUZAFARPUR Versus - 2 - 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF SCIENCE & TECHNOLOGY, GOVT. OF BIHAR. 2. THE DIRECTOR, DEPARTMENT OF SCIENCE & TECHNOLOGY, GOVT. OF BIHAR, 3. THE SECRETARY, DEPARTMENT OF FINANCE, PATNA. 4. THE PRINCIPAL, M.I.T. MUZAFFARPUR -3. 5. THE PRINCIPAL, BHAGALPUR COLLEGE OF ENGINEERING, BHAGALPUR. ----------- 3 28/09/2010 There is abject failure on the part of the State to file counter affidavit as no counter affidavit has been filed for the last four years to a petty claim which has been made by these petitioners which relates to grant of difference of pay scale after revision of pay in terms of money. The period in question is 1.1.1986 to 31.12.1987. Contention of the learned counsel for the petitioners is that funds were made available and allocations have been made to the two Engineering Colleges which are M.I.T. Muzaffarpur and Bhagalpur College of Engineering, Bhagalpur but for extraneous reasons the Principals of both the Colleges are not releasing this fund or making payments to the petitioners. No counter affidavit has been filed for reasons best known to the State which shows complete apathy to - 3 - the litigations which have been generated by the State itself and the manner in which they want to defend these cases. In absence of any serious challenge to the claim of the petitioners, this writ application is disposed of with a direction to the two Principals of M.I.T. Muzaffarpur and Bhagalpur College of Engineering, Bhagalpur that the claim of the petitioners will be examined and if payments have not been made to them which they claim in the present writ application, steps will be taken for release thereof within four months from the date of communication or production of a copy of this order. If for any legal reason the claim of the petitioners is found to be misplaced, they will communicate their decisions to the petitioners by passing a reasoned order. If the direction of this Court is not carried out and the petitioners have reason to return to this Court, there may be reason for this Court to take a serious view of the matter and pass an appropriate stricture upon the respondents concerned who would have failed in carrying out the orders. AMIN/ (Ajay Kumar Tripathi, J.) - 4 -