IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.333 OF 2007 VYAS NARAIN SINGH, SON OF LATE JAGAT NARAIN SINGH, RESIDENT OF MOHALLA KILA TULARAM FLATE, BETTIAH, POLICE STATION BETTIAH, DISTRICT WEST CHAMPARAN VERSUS 1. DR.ASHESHWAR YADAV, SONOF NAME NOT KNOWN AT PRESENT POSTED AS VICE CHANCELLOR, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 2. DR. ASHOK KUMAR SRIVASTAVA, SON OF NAME NOT KNOWN, AT PRESENT POSTED AS REGISTRAR (O.S.D.), B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 3. SRI RITESH CHANDRA JHA, SON OF NAME NOT KNOWN AT PRESENT POSTED AS FINANCE OFFICER, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 4. SRI AJAYA KUMAR SRIVASTAVA, SON OF NAME NOT KNOWN AT PRESENT POSTED AS LEGAL OFFICER (O.S.D.), B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 5. SRI MADAN MOHAN JHA, SON OF NAME NOT KNOWN AT PRESENT POSTED AS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 6. THE STATE OF BIHAR ……………………………………………………………………OPPOSITE PARTIES WITH MJC NO. 2270 OF 2007 AMARENDRA, SON OF LATE DR. RAM SWAROOP SINGH, RESIDENT OF MOHALLA NAKHAS AT HAZIPUR, POLICE STATION HAJIPUR, DISTRICT VAISHALI VERSUS 1. MR.SUDHIR KUMAR, SON OF NAME NOT KNOWN, COMMISSIONER - CUM- VICE CHANCELLOR, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 2. DR. ASHOK KUMAR SRIVASTAVA, SON OF NAME NOT KNOWN, AT PRESENT POSTED AS REGISTRAR (O.S.D.), B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 3. SRI RITESH CHANDRA JHA, SON OF NAME NOT KNOWN AT PRESENT POSTED AS FINANCE OFFICER, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 4. SRI AJAYA KUMAR SRIVASTAVA, SON OF NAME NOT KNOWN AT PRESENT POSTED AS LEGAL OFFICER (O.S.D.), B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR, DISTRICT MUZAFFARPUR 5. MR. ANJANI KUMAR SINGH, SON OF NAME NOT KNOWN AT PRESENT POSTED AS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 6. THE STATE OF BIHAR ……………………………………………………………………OPPOSITE PARTIES ********** 2 22 02/09/2009 This batch of contempt applications was heard together. The main grievances of the petitioners are that they were not being paid their dues and also that the order of this Court passed in CWJC No. 264 of 2004 and analogous cases has not been complied with in its totality by the State Government as there was an order to make payment to all those persons who had approached this Court for the payment of their retrial dues. The stand of the State Government is that they have released certain funds so that the University may comply with the orders of this Court. The stand of the University is that they had sent a requisition for Rs. 200 crores to the State Government to pay retiral dues and other dues to its teaching and non-teaching staffs. It is submitted that unless the entire amount is released by the State Government, the University would not be able to make such payments. The State Government is directed to make efforts to prepare a realistic budget plan for payment of arrears as well as current retiral dues so that such matter do not come to this Court as tremendous amount of effort and time goes into deciding the matters relating to 3 payment of retiral dues and contempt application which arises out of such matter which not only causes a lot of the Court’s time to go in deciding such matters but also involves great efforts by the University and the State Counsels to justify the non-payment of the retiral dues. As far as these contempt applications are concerned, the University has paid all the dues of the petitioners who have come to this Court that too after a period of four years which is completely unjustified. The delay in making the payment is clearly the fault of the State Government, and as such the State Government through the Secretary, Human Resources Development Department is directed to pay Rs. 7,000/- each to the petitioners as the cost of litigation. These contempt applications are disposed of. Let a copy of this order be handed over to the A.C. to S.C. XI who will communicate the same to the Principal Secretary and the Secretary, Human Resources Development Department, Government of Bihar. Anand ( Sheema Ali Khan, J. )