IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2997 of 2007 RAGHAV PRASAD Versus DR. B.N PANDEY & ORS ----------- 04- 5.9.2008 Heard learned counsel for the petitioner, and Mr. Yugal Kishore for the Magadh University. This application under Section 12 of the Contempt of Courts Act has been filed for the alleged disobedience of the order dated 12.12.2006 (Annexure 1), passed in MJC No.3263 of 2005 (Raghav Prasad vs. State of Bihar & Others). Learned counsel for the University submits that the dues inclusive of interest as per the order have already been paid to the petitioner. The application is accordingly disposed of. 2. The petitioner had retired on 30.9.2002, as Reader in the Department of Mathematics, J D Womens` College, Patna, (Magadh University). Part of his post-retirement dues were not paid to him leading to CWJC No.7947 of 2004, which was allowed by order dated 28.9.2004, and the University authorities were directed to make payment of the dues within the time indicated in the order. In view of non-compliance of the order, the petitioner preferred a contempt application bearing MJC No.3263 of 2007, which was disposed of by order dated 12.12.2006 (Annexure 1), whereby the University authorities were directed to make payment of the unpaid amount of gratuity, i.e. Rs.2.50 lacs along with interest @ 6.5% from the date of superannuation till the date of payment. This direction was as per the general order dt. 13.1.2006, passed in CWJC No.13889 of 2006, and the analogous writ petitions, reported in (2006) Vol. I, PLJR Page 506 - 2 - (Baleshwar Ojha vs. State of Bihar). The respondent authorities did not implement this order leading to the present contempt application and at long last the University has reported full payment of the dues of the petitioner. 3. It is indeed very depressing to find that the University was not content with the order on the petitioner’s writ petition, as well as the order dated 13.1.2006 of a general nature passed in CWJC No.13889 of 2003, whereby the State Government and the University authorities in Bihar were, inter alia, directed to make payment of the enhanced amount of gratuity to the University employees in Bihar. The payments have been made to the petitioner after this Court has been burdened with two clearly avoidable contempt applications. We have now reached at a stage of governance in this State whereby order on one contempt application is not adequate, and second contempt application is needed to implement the orders on two writ petitions and the previous contempt application. This is illustrative of the reasons for pendency of cases in this Court, and equally the need for specialized Tribunals to deal with such matters. The State Government should also note that the petitioner has received a sum of Rs.96, 145/- by way of interest on the unpaid amount of gratuity. Do the State Government and its functionaries have any realization of the drain of its vital resources on account of such misgovernance. What would have been the position if the authorities were directed to pay interest on the entire dues. This also emphasizes the need to enhance the tuition fee and other charges in the Universities for which attention of - 3 - the Chancellor of the Universities and the State Government has been drawn much earlier but this Court has not so far been informed of the decision taken. If the own sources of revenue of the Universities improve, the burden on the State Government to meet the deficit of the Universities will reduce and will lead to reduction of cases. 4. Let copies of this order be handed over to the learned Advocate General to be passed on to the Chief Secretary, and the Chief Minister of the State, inter alia, in connection with the issues relating to creation of specialized Tribunals and enhancement of tuition fee in the Universities in Bihar. Let a copy of this order be also handed over to Mr. Shivendra Kishore, who usually appears for the Chancellor of the Universities of Bihar, for the needful. ( S K Katriar ) mrl