IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10479 of 1992 1) Rizwan Kausar, son of H.S.M. Zunoon, 2) Mohiuddin Mian, son of Mahboob Alam, 3) Md. Abdul Quadir, son of Ghulam Mohammad Hashmi, 4) Ainul Haque, son of Late S.S.A. Haque, 5) Khurshid Sarfuddin, son of Late S. Sarfuddin Ahmad, 6) Sayeed Akhtar, son of Md. Mahboob Alam, 7) Quamar Ali Khan, son of Late Ashfaque Hussain Khan, 8) Md. Nasim Khan, son of Md. Haleem Khan, 9) Sarfaraz Khan, son of Late Md. Abdul Ahad Khan, 10) Md. Jawaid Ahmad, son of Late S. M. Zubair, 11) Wasimul Haque, son of Md. Wazul Haque, 12) S. Sohail Akhtar, son of S. Sayeed Akhtar, 13) Md. Razauddin, son of Md. Salahuddin, 14) Md. Waquar Ahsan, son of Late Md. Izhar Ahsan, 15) Ataur Rahman, son of S. Mojibur Rahman, 16) Faiyaz Hussain Hashmi, son of Ahmad Hussain, 17) Nayeem Akhtar, son of Md. Siddique, 18) Azfar Hussain Jamal Mallick, son of Md. Zafirul Hassan, 19) Shah Shakular Rahman, son of Syed Ataur Rahman, all Lecturers in Mirza Ghalib College, Gaya – Petitioners. Vs. 1) State of Bihar through the Chief Secretary, Bihar, Patna. 2) Commissioner, Human Resources Development Department, Bihar, Patna. 3) Finance Commissioner, Bihar, Patna. 4) Magadh University, Gaya through its Registrar, Dist. Gaya. 5) Governing Body, Mirza Ghalib College through its Secretary, Gaya – Respondents. … For the petitioners : Mr. Rajendra Prasad Singh, Senior Advocate and Mr. Navjot Yeshu and Mr. Onkar Kumar, Advocates. For the respondents : Mr. S. C. VI. … 8 13.1.2011 I.A. No. 2694 of 2010 : This interlocutory application has been filed for substituting the heirs of petitioner no.19 who died on 2.2.2009 during the pendency of the writ petition. The heirs of petitioner no.19 are mentioned at paragraph 3, he is survived by his wife, four sons and one daughter. Zubaidur Rahman and Nawaidur Rahman are minors and are represented by their natural guardian, 2 i.e. their mother. Office is directed to delete the name of petitioner no.19 and substitute the name of the heirs as described in paragraph no.3. This interlocutory application is allowed. The petitioners are the teachers in Mirza Ghalib College, a minority institution, which has been recognized by the State Government and has been granted aid by the Government. While granting aid, affiliation and sanctioning the posts, certain conditions were put forth by the State Government, regarding payment of teachers working in different faculties of the College. One of the teacher working in Commerce Department of Mirza Ghalib College, Gaya filed CWJC No. 8923/2002 making a prayer that he should be paid his salary from October 1985 along with the current salary and also with a prayer to grant formal approval to the payment of the petitioner made by the Governing Body of the college. After hearing the petitioner, and the State, this court directed that since the petitioner was working against the sanctioned post in the commerce faculty, sanction of the post should be treated on 15.10.1985 and he should be granted salary from that date. In the present case there are nineteen petitioners. Mr. Rajendra Prasad Singh, learned Senior counsel submits that he has no instructions on behalf of petitioner no. 16. Therefore, the writ petition as far as petitioner no. 16 is concerned, stands dismissed. It has been submitted that as far as petitioners 1 to 15 are concerned, who are the teachers working in Science and Arts 3 faculties of the college concerned, their grievances have been redressed as they have been paid the salary and their posts have been treated to be sanctioned from 1985 as mentioned in Annexure 2, which is a letter of the State Government sanctioning five posts for commerce faculty along with the other posts for different subjects. As far as petitioners 17, 18 and the original petitioner no.19 are concerned, the payments were not made and they were not granted the same benefit as were granted to Md. Hahib, petitioner of CWJC No. 8923/2002, whose case is said to be on similar footing as the case of the present petitioners. I accordingly direct that the State Government i.e. Secretary, Higher Education Department, Bihar to release the fund for payment to the petitioners, who are said to be working on sanctioned posts, accorded vide memo no. 1136, dated 15.10.1985 after examining whether the case of the petitioners stands on the same footing as the case of Md. Habib. The petitioners should accordingly file a representation within a period of eight weeks from the date of receipt of a copy of this order before the Secretary, Higher Education. The Principal Secretary, Higher Education, should thereafter make payment within a period of six months or pass appropriate orders within a period of three months from the date of receipt of the representation, if he has to pass any order contrary to the submissions made before this court. I may clarify here that the salary of Shah Shakulur Rahman petitioner no. 19 should be paid to his wife who will 4 distribute, if necessary, the shares to the heirs in accordance with law. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)