IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6015 of 2006 DR.VISHWESH CHAUDHARY & ORS Versus THE STATE OF BIHAR & ORS ----------- 05. 15.09.2008 Petitioners claim themselves to be the permanent employees of what is known as Bihar Rajya Sanskrit Academy. They are before this Court because they have not been paid their salary or arrears for many a years and even the benefit of revised pay-scales for the 4th and 5th Pay Revision Recommendations have not accrued to them. They are on the verge of starvation and the adequate fund in this regard is not being released by the State Government which has compelled them to approach this Court for an appropriate relief or direction. The State of Bihar after much fanfare way back in the year 1984, to be precise 10.10.1984, decided to establish the Academy with due assistance and sanction of posts as would be evident from a Cabinet note duly notified and brought on record as annexure-6 to the supplementary affidavit filed on behalf of the petitioners. But the enthusiasm with which this institution was set up either got diluted or priority of the Government changed. Putting up and setting up institutions falls within the domain of the State but if Cabinet decision has been taken with due fane-fare and if the object and purpose for which such academies have been set up are not being achieved, then it is better to close down such institutions rather than keeping employees without any payment of remuneration to them for years together. How much is the contribution of the employees of the Academy in the present - 2 - predicament and how much is by negligence of the State cannot be recorded in this order in absence of any pleadings and details from either side but if the petitioners are regular employees of the Academy which is being funded and supported by the State Government, then they must be paid their salary to which they are entitled. I am informed that the nodal department is the Department of Human Resources, Higher Education, Government of Bihar. If this is so, the present application is disposed of with direction to the Principal Secretary, Department of Human Resources, Higher Education, Government of Bihar that he shall pay attention to the claims raised by the petitioner looking into the details of the allocations which have been made to meet its expenses including payment of salary and he is required to take such steps at the time of formulation of next budget to make proper allocation, if it is found that the details of the claim which have been raised by the Academy in their communication to him are in relation to employees who are permanently appointed on due post sanctioned in this regard. An early decision preferably within a period of six months shall meet the requirement. The writ application is disposed of with the above direction and observation. rkp (Ajay Kumar Tripathi, J)