IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6668 of 2009 1. TEACHER'S ASSOCIATION,SARV NARAYAN SINGH RAM KUMAR SINGH COLLEGE, THROUGH ITS SECRETARY SRI KAMLESH PRASAD SINGH, SON OF LATE RAJENDRA PRASAD SINGH, AT & P.O. GANGAJALA, P.S. SAHARSA SADAR, DISTRICT – SAHARSA. 2. NON TEACHING STAFF ASSOCIATION, SARV NARAYAN SINGH RAM KUMAR SINGH COLLEGE, SAHARSA THROUGH ITS SECRETARY DEV KANT SINGH SON OF LATE JAGESHWAR SINGH, GRAM LAUHUAR, P.S. TELHAR, P.S. MAHESI, DISTRICT – SAHARSA. ……….. PETITIONERS. Versus 1. THE STATE OF BIHAR TRHOUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA THROUGH VICE CHANCELLOR. 5. VICE CHANCELLOR, B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA. 6. REGISTRAR, B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA. 7. SARV NARAYAN SINGH RAM KUMAR SINGH COLLEGE, SAHARSA THROUGH ITS PRINCIPAL. 8. PRINCIPAL, SARV NARAYAN SINGH RAM KUMAR SINGH COLLEGE, SAHARSA. …….. RESPONDENTS. ----------- 04/ 12.04.2010 Heard counsel for the petitioners and counsel appearing for B.N. Mandal University. Petitioner no. 1 is the Association of teachers of Sarv Narayan Singh Ram Kumar Singh College, Saharsa and petitioner no. 2 is the Association of Non-teaching Staff of same college. Their prayer is for a direction to the respondent University and its authorities for making payment of difference of arrears of salary in the UGC scale - 2 - from 1.1.996 to February, 2005 and also arrears of salary in the pre-revised scale for the period March, 1999 to February, 2005. Petitioners’ case is that they are entitled for receiving these amounts. It has also been stated that Division Bench of the High Court has also directed the State Government and the Universities for making full payment to teaching and non-teaching employees as per the UGC scale to such employees, who are working against the sanctioned post, but despite all these their request to the authorities, it has not been implemented. Counsel appearing for the University submits that University is ready to make payment of entire dues subject to funds made available by the State Govt. Payments are being made to all the teaching and non-teaching employees one by one, in proportion to fund made available by the State Govt. It is also submitted by the counsel for University that payments will be made to the petitioners, only after examining their individual cases and entitlement. In the facts and circumstances, this application is being disposed of directing the University to examine the - 3 - claim of the petitioners and make payment of entire dues in the UGC scale and the pre-revised scale for the period stated above, preferably within four months from today. Direction is also being issued to the Principal Secretary, High Education Department, Govt. of Bihar to release requisite funds in favour of the University, after receiving the requisition for the purpose by the University. In no case, there should be delay either at the instance of the State or the University for the period more than four months. DKS/ (Mridula Mishra, J.)