IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10730 of 2011 1. Gajendra Prasad Singh son of late Kirat Singh, resident of village Simri East, P.S.Rajnagar, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 2. Satyadeo Jha, son of late Radhakant Jha, resident of village Pariharpur, P.S.Rajnagar, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 3. Ram Kumar Deo, son of Sri Udit Deo, resident of village Chichri Bujurg, P.S.Rajnagar, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 4. Bishwanath Singh son of late Tejnarayan Singh, resident of village Korahariya, P.S.Rajnagar, District Madhubani at present posted as Physical Training Instructor in V.S.J.College, Rajnagar, District Madhubani. 5. Baiju Prasad son of late Raghunath Prasad, resident of village Jamsum, P.S.Pandaul, District Madhubani, at present posted as Physical Training Instructor in V.S.J.College, Rajnagar, District Madhubani. 6. Prem Narayan Jha son of late Hardeo Jha, resident of village Sundarpur, P.S.Darbhanga Sadar, District Darbhanga, at present posted as Sorter in V.S.J.College, Rajnagar, District Madhubani. 7. Sadanand Jha son of late Awadh Narayan Jha, resident of village Narayanpuri, P.S.Rajnagar, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 8. Bishwanath Thakur, son of late Jagdish Thakur, resident of village Bargoriya, P.S.Pandaul, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 9. Vidyanand Mishra, son of Sri Suryanand Mishra, resident of village Pariharpur, P.S.Rajnagar, District Madhubani, at present posted as Peon in V.S.J.College, Rajnagar, District Madhubani. 10. Shashi Shekhar Jha, son of Sri Jageshwar Jha, resident of Village Balha Uttar, P.S.Rajnagar, District Madhubani, at present posted as Library Assistant in V.S.J.College, Rajnagar, District Madhubani. 11. Kedar Nath Jha, son of late Sundar Jha resident of village Bhatpura,P.S.Sarisabpahi, District Madhubani, at present posted as Assistant Librarian in V.S.J.College, Rajnagar, District Madhubani. Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The L.N.Mithila University, Kameshwarnagar, Darbhanga through its Registrar. 4. The Vice-Chancellor, L.N. Mithila University, Kameshwarnagar, Darbhanga 5. The Registrar, L.N. Mithila University, Kameshwarnagar, Darbhanga 6. The Finance Officer, L.N. Mithila University, Kameshwarnagar, Darbhanga 7. The Principal, V.S.J.College, Rajnagar, District Madhubani. Respondents. ----------- 2 2 08.07.2011 This writ petition has been filed whereby the petitioners have vented their grievance with regard to non-payment of arrears of difference of their salary relating to the period 1981 to June, 2006 and for related reliefs. Mr. Gyanand Rai learned counsel appearing for the petitioners submits that reference to Annexures 3 and 4 shows that the funds which had been allocated by the State Government for the purpose of payment of amount for which the petitioners also claim benefit have been reallocated by the respondent University and applied towards other payments. It has been stated in Annexure 5 which is the University’s letter dated 6.4.2011, that payments are being made on a predetermined priority basis and that the petitioners have not yet come within the parameter of priority, and that is why the payment is not being made to them. The petitioners therefore, complain that the failure to make payment of admitted dues to them is wholly arbitrary and even discriminatory. Learned counsel for the State as well as for the respondent University are present but are unable to explain the reasons for not treating the petitioners on priority. It is evident from the records of the case that the University appears to have changed their stand from one where they had informed having requisitioned further fund from the State Government to enable payment to the petitioners, to the present stand that the petitioners do not qualify in terms of the order of priorities. It is not understood on a reading of the said letter dated 6.4.2011 what is the basis or justification for such priority or even who are those 3 persons who have been placed on the top of the priority for the purpose of making payments. In the above circumstances of the case and in particular considering that the claim of the petitioners nowhere appears to be in dispute, let the petitioners file a fresh representation before the respondent no.4 who in view of Annexures 3 and 4 of the writ petition shall take a decision and if the petitioners are found eligible for the payment in question shall take suitable steps for payment to the petitioners in the absence of any disentitling facts. In vie of the long period to which the claim relates let steps be taken by the respondent no.4 expeditiously preferably within a period of five months hereof. In case for any reason payment cannot be made to the petitioners despite availability of funds from the State Government, the respondent no.4 shall pass a speaking order to that effect. The State Government shall also look into the feasibility of releasing funds on the pending requisition by the University for the purpose. This writ petition is disposed of accordingly. psc (Vikash Jain, J.)