IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11174 of 2009 Madan Mohan Jha, Son of late Bidyanand Jha, resident of Mohalla- Sikandarpur, P.S.-Mozahidpur, District-Bhagalpur. ………Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources (Higher Education) Vikash Bhawan, New Secretariat, Bihar, Patna. 2. The T.M. Bhagalpur University through its Registrar, Bhagalpur. 3. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 4. The Registrar, T.M. Bhagalpur University, Bhagalpur. 5. The Principal, Sabour College, Sabour. ………Respondents. with CWJC No.11175 of 2009 1. Nawal Kishore Thakur, S/o Late Muni Lal Thakur, resident of village- Dindayalpur, P.S.-Shahkund, District-Bhagalpur. 2. Md. Zabed Yasin, S/o Late Md. Yasin Ansari, resident of Bhikhanpur, P.S.-Isakachak, District-Bhagalpur. 3. Binoda Nand Jha, S/o Late Gaya Nath Jha, resident of Hariraha, P.S.- Singhesar, District-Madhepura. 4. Deo Krishan Jha, S/o Late Ganesh Jha, resident of Alam Nagar, P.S.- Alam Nagar, District-Madhepura. 5. Naresh Mohan Jha, S/o Late Jaldhar Jha, resident of Alam Nagar, P.S.- Alam Nagar, District-Madhepura. 6. Prem Kant Jha, S/o Late Indralal Jha, resident of Sabour, P.S.-Sabour, District-Bhagalpur. 7. Md. Ahmad Murad, S/o Fazal Rahman, resident of Chameli Chak, P.S.- Habibpur, District-Bhagalpur. 8. Dihrendra Acharya, S/o Upendra Acharya, resident of Village-Kadama, P.S.-Bajipur, District-Madhepura. 9. Shyam Mandal, S/o Late Jai Mandal, resident of Village-Jamgaon, P.S.- Jagdishpur, District-Bhagalpur. 10. Rama Kant Choudhary, S/o Late Satyadeo Choudhary, resident of Village-Chikani, P.S.-Sarsi, District-Purnea. 11. Rajendra Prasad Jha, S/o Late Nirmal Jha, resident of village-Rajpur, P.S.-Sangrampur, District-Banka. 12. Kishore Kumar Jha, S/o Late Jaydeo Jha, resident of Sikandarpur, P.S.- Mozahidpur, District-Bhagalpur. 13. Sushil Kumar Mishra, S/o Late Hari Pratap Mishra, resident of Rampur, P.S.-Rajoun, District-Banka. 14. Mithilesh Kumar Mishra, S/o Mani Kant Mishra, resident of village- Sanour, P.S.-Basantrai, District-Godda. 15. Sikandar Prasad Yadav, S/o Chabbu Prasad Yadav, resident of village- Gangti, P.S.-Gouradih, District-Bhagalpur. ……….Petitioners. VERSUS 2 1 The State of Bihar, through the Principal Secretary, Department of Human Resources (Higher Education) Vikash Bhawan, New Secretariat, Bihar, Patna. 2 The T.M. Bhagalpur University through its Registrar, Bhagalpur. 3 The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 4 The Registrar, T.M. Bhagalpur University, Bhagalpur. 5 The Principal, Sabour College, Sabour. ……….Respondents. ----------- 2/ 02.09.2009 Petitioners in these two writ applications are non- teaching staffs working in different departments in Sabour College, Sabour which is 4th phase constituent college under T.N.B. University, Bhagalpur. Petitioners’ prayer is for a direction to resume payment of current salary from June, 2009 onwards and arrears of salary since March to May, 2009. Petitioners’ grievance is that though their appointment has been found legal and the syndicate has also taken resolution in the year 2005 itself to absorb them, for no reason their salary has been stopped, ignoring the Supreme Court’s decision and the report submitted by Justice Agrawal Commission in this regard before the Apex Court. Counsel appearing for T.N.B. University, Bhagalpur has submitted that the Registrar of the University has also issued show cause notice to the petitioners, questioning their absorption and appointment. The counsel for the petitioners submits that in response to the show cause notice petitioners have already submitted their show cause. They are still 3 working on the posts, but, for no reason payment of their salary has been stopped even without deciding the merit of their show cause. This application is being disposed of with a direction to the respondent authorities of the university to consider the show cause submitted by the petitioners. The petitioner should be given liberty to defend their cases, their show cause should be considered in accordance with law, in the light of the order of absorption passed in their favour by the Syndicate, as well as report submitted by Justice Agrawal Commission before the Apex Court. Respondents are further directed to resume payment of salary to the petitioners forthwith, their arrears of salary starting from month of March, 2009 will be paid, since the petitioners are still continuing in service and there is no adverse order passed against them till date, the respondent authorities will continue to make payment of month to month current salary to the petitioners. Sanjeet/ (Mridula Mishra, J.)