IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11646 of 2006 1. Gopal Prasad Singh, Son of late Ram Deo Prasad Singh, Lab Incharge in Botany. 2. Mejaz Hussain, Son of M.A. Haque, Lab Incharge, Botany. 3. Rameshwar Prasad, Son of Rajani Kant Lal, Lab Incharge in Zoology. 4. Rabindra Nath Das, Son of Ranendra Nath Das, Lab Incharge in Zoology. 5. Satyabrat Sharma, Son of late Awadhesh Kumar Mishra, Lab Incharge in Physics. 6. Brij Bihari Singh, Son of Ram Niwas Singh, Lab Incharge in Chemistry. 7. Deepak Kumar Choudhary, Son of Sarat Chandra Choudhary, Lab Incharge in Chemistry. 8. Ayodhya Singh, Son of Haridwar Singh, Lab Incharge in Chemistry. 9. Rabindra Nath Singh, Son of Uday Narain Singh, Lab Incharge, Psychology. 10. Bhrigu Nath Singh, Son of Yamuna Singh, Lab Incharge in Physics. Petitioner nos. 1 to 10 are working as Lab Incharge in Maharaja College, Ara, District Ara. 11. Dinesh Prasad Sinha, son of M.K. Sinha, Lab Incharge, Botany. 12. Rajeshwar Ojha, Son of Jagdish Ojha, Lab Incharge in Chemistry. Petitioner nos. 11 and 12 are working as Lab Incharge in Jagjivan College, Ara, District Ara. 13. Chandeshwar Prasad Singh, Son of Sheo Dayal Singh, Lab Incharge in Chemistry, M.M. Mahila College, Ara, District Ara. 14. Birendra Singh, son of late Ram Lal Singh, Lab Technician, Chemistry. 15. Indra Deo Dubey, Son of Sant Dubey, Lab incharge, Physics. 16. Siyaram Singh, Son of Kapoor Singh, Lab Incharge, Chemistry. Petitioner nos. 14 to 16 are working in M.V. College, Buxar, District Buxar against their respective post. 17. Maqsood Alam Ansari, Son of Hazi Md. Yasin, Lab Incharge, Psychology. 18. Ashok Kumar Ojha, Son of Ramesh Kumar Ojha, Lab Incharge, Physics. 19. Bishwendra Pratap Singh, Son of Bhola Nath Singh, Lab Incharge, Chemistry. 20. Ashok Kumar, Son of Prayag Prasad Pandey, Lab Incharge, Botany. Petitioner nos. 17 to 20 are working as Lab Incharge in D.K. College, Dumraon, District Buxar. -------- Petitioners Versus 1. The State of Bihar through the Education Commissioner-cum- Secretary, Government of Bihar, Patna. 2 2. The Director, Higher Education, Government of Bihar, Patna. 3. Veer Kunwar Singh University, Ara, through its Registrar, District Bhojpur at Ara. 4. The Vice-Chancellor, Veer Kunwar Singh University, Ara, District Bhojpur at Ara. --------- Respondents ----------- 3 30.07.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel appearing on behalf of the petitioners and counsel for the State as also counsel for the Veer Kunwar Singh University. The prayer of the petitioners in this writ application reads as follows:- “1. That this is an application for issuance of appropriate writ/direction directing the respondents to fix the salary of the petitioners in the scale of pay sanctioned for the post of Demonstrator from the date/dates the petitioners are working on the post of Lab Incharge/Lab Technician and pay arrears and current salary after deductions of the salary which has already been paid to the petitioners along with admissible interest, i.e. Bank rate till the payment of full arrears of salary in the scale of Demonstrator right from the date of working of the petitioner on the post of Lab Incharge/ Lab Technician and for issuance of any other appropriate writ/writs which may be found 3 appropriate in the facts and circumstances of the present case.” With regard to the aforementioned prayer, learned counsel for the petitioners would submit that the petitioners’ case stands covered by the judgment of the Apex Court in Civil Appeal No. 4215-16 of 2002 disposed of on 22nd July, 2002 which has also been implemented by the State of Bihar by its order dated 14.6.2006 read its corrigendum dated 1.8.2006 as also the University in cases of other similarly situated employees by an order dated 3.8.2006 but the cases of the petitioners have not yet been considered. Learned counsel for the University, who has not filed any counter affidavit, would submit that the University is prepared to consider the cases of the petitioners provided they would file their individual representation in place of joint representation as individual service history will be required to be gone into for finding out the admissibility and applicability of the Supreme Court judgment. In view of the above, the petitioners are hereby directed to file their 4 individual representation enclosing all the relevant documents along with a copy of this order and the University shall thereafter take its decision within a period of six months from the date of filing of such representation. In the event, the University will reject the claim of one or other petitioners, it will have to record reasons but if the same is allowed, the petitioners will also be given the same treatment which was given to their counterpart vide annexure- 25 to the writ application. It is, however, made clear that this Court has not gone into the merits of the case and has remitted the matter to the University to consider the case of the petitioners strictly in accordance with law. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)