IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.545 of 2010 Prof. Lekh Narayan jha S/o late Gandharva Narayan Jha r/o vill.- Arer haat, P.S..- Arer, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.533 of 2010 Prof. Krishna Kumar Jha S/O Late Bilat Jha R/O Vill.- Biraul, P.S.- Basopatti, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B. N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.535 of 2010 Prof. Bijay Kumar Chaudhary S/O Nirbhay Narayan Chaudhary R/O Vill.- Narar, P.S.- Kaluahi, Distt.- Madhubani Versus 2 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr.Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.539 of 2010 Prof. Shyama Kant Jha S/O Late Dhananjay Jha R/O Vill.- Koili, P.S.- Nanpur, Distt.- Madhubani Versus 1. Mr.K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Name Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.542 of 2010 Prof. Narendra Nath Jha S/O Shri Shankar Jha R/O Vill.- Bhitha, P.S.- Sursand, Distt.- Sitamarhi Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha S/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3 4. Mr. B. N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.548 of 2010 Prof. Sharat Chandra Jha S/O Late Pt. Ramlochan Jha R/O Vill.- Behta East, P.S.- Benipatti, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B. N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr. A.V. Chinam S/O Not Known To The Petitioner Lalit Narayan Mithila University, Darbhanga, Kameshwar Nagar, Darbhanga 6. Mr. A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.551 of 2010 Prof. Digambar Thakur Dinkar S/O Late Ramchandra Thakur R/O Vill.- Sahar, P.S.- Sahar Ghat, Distt.- Madhubani Versus 1. 1. Petitioner, The Secretary Higher Education, Govt. Of Bihar, Patna 2. Mrs.Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr. A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.402 of 2011 Prof. Figambar Jha, Son of late Shobha Kant Jha, resident of village – Sarisab, P.S. Benipatti, District – Madhubani. Versus 1. The State of Bbihar, through Anjani Kumar Singh, son of not known to the petitioner, the Principal Secretary, Higher Education, Govt. of Bihar, Patna. 2. Dr. S.P.Singh, son of not known to the petitioner, The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 3. Vimal Kumar Vimal, The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 4. Munindra Jha, Son of not known to the petitioner, the Principal, Kalidas Vidyapati Science College, Uchchaith, Benipati, District – Madhubani. ----------- 05/ 06.07.2011 Petitioners of all these contempt applications had filed writ applications for payment of arrears of salary from June, 1981 to December, 2007 along with interest and for payment of deferred D.A. from March, 1979 to 31.12.1989 as well as other monetary benefits for which they are entitled. Writ applications were disposed of directing the University to examine the requisition sent by the Principals of the concerned Colleges to the University in this regard and as per following the further directions to make payment of entire dues of the petitioners. Since no payment was made petitioners have filed contempt applications for initiating a proceeding of contempt. 5 Show cause has been filed by the University in each of the cases and the payments have also been made as per the calculation chart annexed with the show cause, which is not actually same amount as claimed by the petitioners. The University in its show cause filed in MJC No. 551 of 2010 has also annexed the order passed by the Registrar contained in Memo No. 256/11C dated 21.6.2011, whereby representation filed by the petitioners has been disposed of. Similar orders have been passed in other cases also. From this order it transpires that with regard to claim for the period to 1.1.986 the arrears is not considered to be payable as per the direction of the State Govt. contained in letter No. 1176 dated 20.7.2000. Since the petitioners were promoted to the post of Reader under the time bound promotion scheme, their claim for Rs.3700-5700 is not found to be maintainable as they were promoted after the cut off date i.e. 1.3.1989. Regarding strike period it is stated that petitioners will not be paid their salary but it will be adjusted from the earned leave of the concerned teacher. 6 The University and its authorities could not have done this, since petitioners’ have already engaged classes to compensate the loss of teaching hours during strike period. Certificate to this effect has also been issued by the concerned Principals. Payment for this period must be made to the petitioners. Regarding pay point of Rs.14,940/- to all Readers, who have completed five years on 1.1.1996 or onwards it has been stated that requisition has been sent to the State Govt. and on receiving fund it has been allowed. This letter also indicates that two increments for Ph.D. has also been found admissible and payable to the teachers like the petitioners, that will also be paid after release/receipt of fund. Considering the statement made in the show cause and the amount which has been paid to the petitioners treating as admissible amount, all these contempt applications are being disposed of. So far the payment relating to strike period as well as arrears on account of pay point of Rs.14,940/- and two increments for Ph.D. shall be paid to the petitioners as and when fund is received by the University in this 7 regard. Petitioners have liberty to move before the appropriate forum in case they are aggrieved by any of the decision taken by the Registrar as per Annexure-B annexed with MJC No. 551 of 2010. DKS/ (Mridula Mishra, J.)