IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4589 of 2010 1. DAMAN CHANDRA MISHRA S/O LATE KAMLA KANT MISHRA R/O BARARI, P.S.- BARARI, DISTT.- BHAGALPUR 2. MD. ZAYAUL ISLAM REZVI S/O MD. SAHAJAHAN REZVI R/O LAKHERAJ SABOUR, P.S.- SABOUR, DISTT.- BHAGALPUR 3. GOVIND NATH THAKUR S/O RAMANATH THAKUR R/O DHAMDAHA, P.S.- DHAMDAHA, DISTT.- PURNEA 4. MR. AKHLESHWAR TRIPATHI S/O PANDIT TARKESHWAR TRIPATHI R/O BHIKANPUR, P.S.- KOTWALI, DISTT.- BHAGALPUR 5. NAZ PERWEEN W/O MD. WAJIH AHMED R/O HAKIM AMEER HASSAN LANE, TATARPUR, P.S.- TATARPUR, DISTT.- BHAGALPUR Versus 1. THE T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS REGISTRAR 2. THE VICE CHANCELLOR T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 3. THE REGISTRAR T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 4. THE FINANCE OFFICER T.M. BHAGALPUR UNIVERSITY, BHAGALPUR 5. THE PRINCIPAL SABOUR COLLEGE SABOUR, DISTT.- BHAGALPUR 6. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 7. THE DIRECTOR, HIGHER EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA ----------- 2/ 08.04.2010 Petitioners are working as teachers in different departments in Sabour College Sabour, Bhagalpur, which is a constituent unit of T.M.B.University, Bhagalpur. Their prayer is for a direction to the respondent authorities of the university to make payment of arrears of salary which has accumulated on account of half payment of salary to the petitioners. Petitioners’ case is that they were not being paid their full salary by the university, taking plea that the government is not releasing sufficient fund as per the budget of the university. The details of the claim of the petitioners is annexed as Annexure-2 to the writ application. Without looking into the merit of the case and 2 considering the fact that petitioners are entitled to receive the salary for the sanctioned post, they are working, this application is being disposed of, giving some direction to the petitioners as well as respondent authorities of the university. Petitioners are directed to file their representations before the Registrar and Finance Officer of the University, along with complete details of their claim. The representation must be filed within one month from today. Once, such representations are filed, the respondent authorities of the university will examine and verify the claim of the petitioners. In case requisite funds are not available, a requisition will be sent to the Principal Secretary, Higher Education, Government of Bihar, for release of funds. The Principal Secretary is also directed to release requisite funds to the university for making payments of arrears of salary to the petitioners. In case, already, it is not released in favour of the university the respondent authorities of the university will dispose of the representation of the petitioners with speaking order, in case, any of the claim of the petitioners is disputed. Representations must be disposed of within eight weeks from the date of filing of it, within twelve weeks from the date of disposal of the representations all payments must be made to the petitioners. Sanjeet/ (Mridula Mishra, J.)