IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8776 of 2007 KAUSHAL KISHOR GUPTA, S/O SRI BAIDYA NATH PRASAD GUPTA, R/O WARD NO. 2, DR. SATISH CHANDRA GHOSH PATH, P.S. AND DISTRICT-MADHEPURA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, PATNA. 3. B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA, THROUGH ITS REGISTRAR. 4. THE VICE-CHANCELLOR, B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA. 5. THE REGISTRAR, B.N. MANDAL UNIVERSITY, LALU NAGAR, MADHEPURA. 6. THE PRINCIPAL, BHUPENDRA NARAYANL MANDAL COMMERCE COLLEGE, MADHEPURA. …………………RESPONDENTS. ----------- 2 10.08.2009 Heard learned senior counsel for the petitioner and learned counsel for the University. Petitioner, who is a teaching staff of the B.N.Mandal University, seeks a direction from this Court for payment of his salary. It is submitted that the petitioner was appointed in a 4th Phase College. His case was considered by the Agrawal Commission and he was found fit for absorption. Accordingly, his name was included in the list approved for absorption which was accepted by the Hon’ble Supreme Court. As such, it is contended that pursuant to the recommendation of the Agrawal Commission, the services of the petitioner had already been regularized as will be evident from Anneuxre-6. It is contended that in spite of that recommendation, he is not being paid his salary since March, 2006. The petitioner has filed representations before the Vice-Chancellor, copies - 2 - whereof are annexed as Annexures-9 and 10. In the circumstances, this writ application is disposed of with a direction to the Vice- Chancellor of the University to consider the representations of the petitioner as to whether his services have been regularized in terms of the orders of the Hon’ble Supreme Court passed on the basis of Agrawal Commission report. If it is found that his services have been regularized pursuant to that, he shall pass orders for payment of his salary, arrears as well as current, within a period of three months from the date of receipt/production of a copy of this order. Learned counsel for the University submits that State Government has not released separate fund for that purpose. Payment shall be made to the petitioner within the aforesaid period from the fund of the University and the Vice-Chancellor will be at liberty to requisition separate fund from the State Government for the purpose of payment to the petitioner, if necessary, prior to or subsequent to payment to the petitioner. The writ application is disposed of thus. Arvind/ (J. N. Singh, J.)