IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13568 of 2009 1. RAVINDRA KUMAR S/O LATE MUNI LAL YADAV VILL.- TULSIYA, P.S. BIHARIGANJ, DISTT.- MADHEPURA------PETITIONER Versus 1. THE STATE OF BIHAR 2. SECRETARY HIGHER EDUCATION DEPT. GOVT. OF BIHAR, PATNA 3. B.N. MANDAL UNIVERSITY THROUGH ITS REGISTRAR, LALU NAGAR, MADHEPURA 4. VICE-CHANCELLOR B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA 5. REGISTRAR B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA 6. PRINCIPAL PARVATI SCIENCE COLLEGE, KRITI NAGAR, MADHEPURA, DISTT.- MADHEPURA----------RESPONDENTS ----------- For the Petitioner: Mr. Gyanand Roy, Advocate & Mr. Sheonandan Mishra, Advocate For the University: Mr. H.P. Singh, Advocate For the State: Mr. Anirudh Mishra, AC to GP-13. ----------- 7 29.3.2011 Heard learned counsel for the parties. There are certain developments which emerge from the annexures annexed with the supplementary affidavit which came to be filed on behalf of the petitioner. The original prayer for direction of absorption of service of the petitioner on the second recommended vacant post is no longer an issue in view of the decision taken by the Vice Chancellor of B.N. Mandal University which is dated 13.11.2009 and brought on record as annexure-25. Necessary notification thereafter has been issued on 24.4.2010 which again also is on record as annexure-26. The two notifications issued on absorption of the petitioner on the post of a lecturer are no longer in dispute and this position stands confirmed by the decisions taken by the respondent university. These decisions are relatively of recent origin, the question now which has been urged at the bar on behalf of the - 2 - petitioner is that the benefit in terms of salary and dues accrue in his favour. Learned counsel for the University filed a counter affidavit in which a communication addressed to the State Government dated 20.10.2008 has been annexed. The stand of the university counsel is that the University is awaiting clarification or direction from the State Government on this count. A counter affidavit on behalf of the State has been filed today where a clear and unambiguous statement has been made that in terms of the decision of Hon’ble Supreme Court and adoption of Agrawal Commission report the responsibility for regularisation falls within the realm of the concerned university based on the recommendation made by Justice Agrawal Commission. It is also their stand that the State Government has released funds, details of which has been brought on record as annexure-A for payment to all such teachers whose salary or emolument are due including the teachers of fourth phase who have been legally and validly absorbed and appointed. Keeping the stand of the State into mind there are no gray areas left. The status of the petitioner stands certified by the decision taken and notified in terms of annexures 25 and 26. Funds have been released in favour of the concerned university for payment. Now it is for the university to work out the modality for payment. The petitioner has right for such a payment and the university has an obligation to pay from the funds released by the - 3 - State Government. This writ application stands disposed of with a clear direction upon the Vice Chancellor of B.N. Mandal University that the claim of the petitioner will now be taken up, liability worked out and steps for payment taken preferably within a period of three months from the date of production or communication a copy of this order. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)