IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9125 of 2003 SHIKSHETAR KARAMCHARI SANGH, Jag Jivan College, Ara through its Unit Secretary, Arun Kumar Shrivastava…. Petitioner. Versus 1. VEER KUNWAR SINGH UNIVERSITY, Ara through its Registrar. 2. The Vice-Chancellor, Veer Kunwar Singh University Ara. 3. The Registrar, Veer Kunwar Singh University Ara. 4. The Principal, Jag Jivan College, Ara. 5. Magadh University through its Registrar, Bodhgaya, Gaya. 6. The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya. 7. The Registrar, Magadh University, Bodhgaya, Gaya. 8. The State of Bihar 9. The Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 10. The Director, Higher Education Department, Government of Bihar, New secretariat, Patna. … Respondents. ----------- 3. 13.09.2010 Having heard Mr. Mukund Jee, learned counsel for the petitioner and Mr. A. B. Sinha, learned counsel for Veer Kunwar Singh University in respect of following relief:- “1. That this is an application under Article 226 of the Constitution of India for issuance of direction to the respondents to make payment of provident fund amount with commercial rate of interest since its due date in favour of members of Non-teaching staff of Jagjivan College, Ara, a constituent unit of Veer Kunwar Singh University as well as for further direction to make payment of all outstanding dues of non-teaching staff under different heads of Salary since its due date to till date, details whereof given in this application containing the signatures of all competent authorities and for further direction to make payment of 2 salary in full constituting all heads of payment regularly to the member/employee working as Non- teaching Staff in the Jagjivan College, Ara, a constituent unit of Veer Kunwar Singh University or issue such other direction or directions or pass such other order or orders which may deem just, proper and equitable under the facts and circumstances of the instant case.” all that this Court can direct the present Vice- Chancellor of the Veer Kunwar Singh University to ensure that the amount of provident fund of each of the employees of the College must be duly accounted and properly maintained and its yearly statement be also supplied to the employee concerned. It has to be kept in mind that the amount of provident fund is the personal acquisition of the employee concerned in which he alone contributes and the same is kept under custody of the employer i.e. the University till the date of his superannuation or his death whichever is earlier. No one therefore has a right to swindle away the amount of provident fund which is itself a penal offence nor any one can be allowed to deprive the benefit of PF scheme to the employees. This Court, therefore, as with regard to the 3 prayer of the petitioner at least for maintenance and payment of provident fund amount, would direct the Vice Chancellor of the University to take such necessary steps/actions which may secure contribution of provident fund already recovered from the non-teaching staff of Jag Jivan College, Ara. It is, however, made clear that the liability of maintenance of such amount of provident fund of the respective employees of the College shall commence only from the date the College became constituent unit and not from the earlier period when the college was an affiliated college. As with regard to the remaining prayer for payment of salary, this Court is of the opinion that the claim of salary of each of the employee is an individual claim and cannot be maintained in a joint writ application. Moreover, Mr. Mukund Jee is also not aware of the present situation as with regard to the payment of salary to the individual employee of the College. That being so, this writ application as with regard to payment of salary is dismissed as not pressed and the writ application however succeeds as with regard 4 to the claim of provident fund of the employees of Jag Jivan College, Ara in terms of observations and directions made above. kanchan (Mihir Kumar Jha, J.)