IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 3670 of 2010 Binod Thakur, son of Late Sridhar Thakur, resident of Mohalla – Champanagar (K.N. Jha Lane), P.S.- Nathnagar Town & District- Bhagalpur ………………. Petitioner Versus 1. The T. M. Bhagalpur University through its Registrar namely Mr. Rajeev Kumar Sinha 2. The Vice Chancellor, T. M. Bhagalpur University, Bhagalpur namely Dr. K. N. Dubey 3. The Finance Officer, T. M. Bhagalpur University, Bhagalpur namely Mr. B. P. Verma 4. The Principal, Sabaur College, Sabaur, District – Bhagalpur, namely, Dr. Sanjay Kumar Jha 5. The State of Bihar, through the Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna, namely, Mr. B. P. Singh, IAS 6. The Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna namely Mr. K. K. Pathak, IAS 7. The Director, Department of Higher Education, Government of Bihar, New Secretariat, namely Mr. J. P. Singh ……………………. Opposite Parties ---------------------------- For the Petitioner: Mr. Purushottam Kumar Jha, Advocate For the University: Mr. S. K. Ghosh, Sr. Advocate Mr. Anil Singh, Advocate ********** 05. 14.09.2011 This Contempt Application has been filed by the petitioner for initiating a proceeding of contempt against Tilkamanjhi Bhagalpur University, Bhagalpur and its authorities, due to non-compliance of the direction of this Court, dated 02.04.2010, passed in C.W.J.C. No. 12685 of 2009. The direction of this Court was for making payment of arrears of salary to the petitioner, considering his entitlement. The show-cause, filed on behalf of Tilkamanjhi Bhagalpur University, Bhagalpur, shows that 2 petitioner has been paid Rs. 2,33140/- as admissible arrear of salary, payable to the petitioner. However, claim of the petitioner is Rs. 5,14,721/-. The reason behind this difference in payments is said to be Auditor’s report. In the show-cause of the University it has also been stated that petitioner became eligible for fixation of his salary with effect from 09.05.1988, as prior to that, he did not possess requisite qualification for being appointed as Lecturer in terms of Justice Agrawal Commission’s Report. Petitioner’s case is that this stand has been taken by the University during the pendency of the Contempt Application. Earlier, petitioner was being paid his salary and found eligible for such payment of salary with effect from the date the College became constituent unit of the University. There is another dispute with regard to difference of arrears of salary in revised scale from July 2005 onwards. Considering the fact that admissible dues have been paid by the University, this application is being disposed of. Petitioner will have liberty to file a fresh representation before the Registrar along with the judgment passed by this Court in C.W.J.C. No. 1274 of 2009 (Dr. Krishna Mohan Singh Versus Bhupendra Nrayan Mandal University) in order to claim his entitlement for arrears of salary for the period prior to 3 09.05.1988. Registrar will consider petitioner’s claim in the light of the decision of this Court in (Dr. Krishna Mohan Singh Versus Bhupendra Nrayan Mandal University). So far the arrears of salary from July, 2005 onwards, the stand of the University is that petitioner has been paid his salary in the revised pay-scale, as such there is no entitlement for difference of arrears of salary for the period July, 2005 and onwards. A chart showing recommendation of the College to the University with regard to dues of the petitioner, annexed as Annexure-6 to the Supplementary Show-cause, filed on behalf of the University, is indicative of the fact that out the total amount of salary in revised scale payable to the petitioner, only part payment has been made. There are residual amount to be paid to the petitioner. In his representation, the petitioner will also represent before the Registrar for such claims. In case of filing such representation, that should be considered and decided within 12 weeks from the date of its filing of the representation. SKM (Mridula Mishra, J.)