IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9984 of 2009 Bishwa Mohan Kr. Choudhary, Son of Late Rajniti Prasad Choudhary, Lecturer, Department of History, Khagaria, Mahila College, Khagaria, Permanent resident of M.G. Marg, Khagaria, P.S.-Khagaria, District- Khagaria. ………..Petitioner. Versus 1. The Vice-chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 5. The Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna. 6. The Principal, Mahila College, Khagaria. ……….Respondents. with CWJC No.9998 of 2009 Badri Narayan Pathak, Son of Late Shankar Pathak, Lecturer, Department of Hindi, Mahila College, Khagaria, permanent resident at & P.O.-Dumri, Via- Dumroan, District-Buxar. ……….Petitioner. Versus 1. The Vice-chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 5. The Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna. 6. The Principal, Mahila College, Khagaria. ……….Respondents. with CWJC No.9999 of 2009 Ram Shankar Singh, Son of Shri Jwala Prasad Singh, Lecturer, Department of Political Science, Mahila College, Khagaria, permanent resident of Village-Pratappur, P.S. & District-Jamui. ………..Petitioner. Versus 1. The Vice-chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 5. The Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna. - 2 - 6. The Principal, Mahila College, Khagaria. ………..Respondents. with CWJC No.10000 of 2009 Md.Aquil Ahmad, Son of Late Md. Washi Ahmad, Lecturer, Department of History, Mahila College, Khagaria, permanent resident at P.O.-Marar, District-Khagaria. ………Petitioner. Versus 1. The Vice-chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 5. The Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna. 6. The Principal, Mahila College, Khagaria. ……….Respondents. with CWJC No.11080 of 2009 Chandrika Prasad Singh @ Chandrika Pd. Sinha, Son of Late Jagdeo Singh, Lecturer, Department of Hindi, Mahila College, Khagaria, permanent resident of village-Patory, P.O.-Ghosharama, P.S.-Hayaghat, District-Darbhanga. ……….Petitioner. Versus 1. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 5. The Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna. 6. The Principal, Mahila College, Khagaria. ………Respondents. ----------- For the Petitioners : Mr. Bijay Kumar Sinha, Adv. Mr. Grish Chandra, Adv. 2/ 02.09.2009 Petitioners in all these writ applications are teaching staffs working in different departments in Mahila College, Khagaria which is 4th phase constituent - 3 - college under Tilkamanjhi Bhagalpur 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 appointments were regularized and absorbed by syndicate vide its’ resolution in the year 2005 itself, there was no reason for restraining payment of their salary. The University and its’ authorities have illegally stopped payment of salary, ignoring the Supreme Court’s decision and the report submitted by Justice Agrawal Commission, in this regard. The Registrar of the University has issued show cause notices to the petitioners, questioning their absorption and appointment. Without any approval of the Syndicate petitioners have already submitted their show cause and are still working on the posts. Though there is no reason, payment of their salary has been stopped, even without considering the merit of their show cause. This application is being disposed of with a direction to the respondent authorities of the university to consider show cause submitted by the petitioners in response of the notice. The petitioner should be given liberty to defend themselves, their cases be considered in - 4 - accordance with University statutes/Circulars and in the light of the order of absorption passed and approved by the Syndicate. Report submitted by Justice Agrawal Commission and Judgment of Apex Court should also be considered, before taking any decision in case of petitioners. Respondent University/Vice Chancellor/Registrar of the University are further directed to resume payment of current salary to the petitioners forthwith, their arrears of salary with effect from March, 2009 shall 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.)