IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9862 of 2008 DHARMESHWAR MISHRA, Son of Late Rajendra Mishra, Resident of Mohalla – Balbhadrapur, P.S. Laheriasarai, District – Darbhanga ….. Petitioner Versus 1. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 2. The Lalit Narayan Mithila University, Darbhanga through its’ Registrar 3. The Chancellor of the Universities of Bihar Raj Bhawan, Patna …… Respondents ----------- For the Petitioner : M/s Chakradhari Sharan Singh, Sr. Advocate Shantanu Kumar, Praveen Kumar & Saptashwa Singh, Advocates For the L.N.Mithila : Mr. Partha Sarthy, Advocate University ------- 9 22.02.2011 Heard learned counsel for the petitioner and the Respondents. The Petitioner has approached this Court for a direction to the respondents to make payment of his remaining admitted claimed amount of arrears of revised fixed monthly salary as part time Lecturer in C.M.Law College, Darbhanga, which comes to the tune of Rs. 4,89,076/-. The petitioner was appointed on ad hoc basis as a part time Lecturer in C.M. Law College, 2 Darbhanga in the year 1984 on payment of Rs. 25/- per day maximum Rs. 700/- per month, which was enhanced by the State Govt. from Rs. 700/- to Rs. 2200/- per month with effect from May 1992. However, vide Annexure 11, the aforesaid ad hoc pay fixed Rs. 2,200/- was enhanced to Rs. 8,000/- w.e.f. 20th January, 2005. The petitioner started getting that enhanced fixed pay. Subsequently, by another order passed by the Government, the aforesaid ad hoc fixed pay was enhanced w.e.f. 1.1.1996. Since the petitioner was getting enhanced fixed pay w.e.f. 20.1.2005, the matter of controversy in this writ application is only the arrears from 1.1.1996 till 19th of January, 2005. Learned counsel for the petitioner drew attention of this Court towards letter contained in memo no. 73 dated 6.2.2007, whereby the Director, Higher Education has informed the Registrar, L.N.Mithila University, Darbhanga that vide State Government’s Letter No. 2293 dated 23.12.2006 (as contained in Annexure 14) Rs. 6,61,200/- has been released and made available for payment of the fixed pay aforesaid of the petitioner. Again by 3 Government Letter No. 952 dated 20.6.2007, it has been communicated that in the fund released, the amount payable to the part time Lecturer vide letter No. 14627/06 dated 29.7.2006 is also included. Subsequently, the petitioner resigned from such post on 18.3.2009, which has been accepted with effect from the aforesaid date itself. Thus, learned counsel submits that his engagement as ad hoc part time Lecturer was in accordance with law and fund has already been made available. The University has admittedly already enhanced his fixed emolument to Rs. 8,000/- from 1.1.1996. He would be entitled for the arrears of the salary for the period 1.1.1996 till 19.1.2005. Counter affidavit has been filed on behalf of the L.N.Mithila University (Respondent No. 1), wherein it has been admitted that the fixed salary of the petitioner has been enhanced in a revised pay scale of Rs. 8000 – 13500/- w.e.f. 1.1.1996. No dispute has been raised with regard to appointment / engagement of the petitioner and the work having been done by him during the period for which he 4 wants the arrears of the salary. However, it has been stated in paragraph 4 that as per provision of Statute, under Section 23(12) (i) resignation from the service by an incumbent leads to forfeiture of past services. Thus, petitioner would not be entitled for the payment of salary. However, learned counsel for the respondent fairly submits that would not be a factual and correct position in law as the petitioner has worked for the concerned period. He was not in a position to show any Statute or Rule in support of the stand taken in the counter affidavit. In above view of the matter, since no cogent reason could be put forward by the respondent concerned for non payment of salary for the concerned period and the enhancement of final salary as well as work done by the petitioner is admitted, it is directed that the petitioner should be paid arrears of his fixed salary as per the enhancement by Annexures 11 and 12 within eight weeks from the date of submission of a copy of this order. It is also made clear that from the letters of the Government, it appears that the funds have already been made 5 available for the purpose in the year 2006 itself. Thus, if the payment is not made to the petitioner within the aforesaid period of eight weeks, the petitioner would be entitled and he should be given simple interest @ 8% upon the arrears (the non paid amount) from the date when the fund was made available to the University for the purpose. Accordingly, this writ application stands allowed. Spd/- (Dr. Ravi Ranjan, J.)