IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.301 of 2008 1. Hem Chandra Kumar, son of Late Banke Bihari Yadav 2. Q.M. Rahmani, son of Abul Quasim 3. Surya Narain Yadav, son of Sri Babujee Yadav 4. Tripurendra Labh, son of Late Badri Labh 5. Dhirendra Kumar, son of Anirudh Prasad Mandal 6. Upendra Narain Yadav, son of Late Hari Lal Yadav 7. Surendra Prasad Singh, son of Sri Adhik Lal Singh 8. Sohail Ahmad, son of Sharifuddin Ahmad 9. Dukh Mohan Mandal, son of Late Babban Mandal, 10. Satyendra Kumar, son of Sri Jagat Mohan Narayan 11. Dr. Binod Kumar Singh, son of Late Birendra Narayan Singh 12. Sri Kameshwar Prasad Singh, son of Late Natho Prasad Singh 13. Baidyanath Prasad Yadav, son of Sri Sahdeo Prasad Yadav 14. Awadhesh Kumar, son of Sri O.P.Sharma 15. Dr.Lal Bihari Gupta, son of Sri Laxmi Narayan Sahu 16. Dr. Sushil Kumar Yadav, son of Late Bindeshwari Prasad Yadav 17. Surendra Prasad Yadav, son of Sri Jamun Prasad Yadav 18. Raj Kumar, son of Sri Jagdish Lal Das 19. Vivekanand Verma, son of Shri Shiv Chandra Das 20. Krishna Mohan Sahay, son of Sri Bhagwan Sahai 21. Ganesh Prasad son of Sri D.P.yadav 22. Kameshwar Kumar, son of Shri Shatrughana Prasad Yadav 23. Kuldip Yadav, son of Sri Jagdish Prasad Yadav 24. Dhirendra Kumar son of late Parmeshwari Prasad Yadav 25. Jai Prakash Yadav, son of Sri Jai Krishna Prasad Yadav 26. Asha Jha wife of Late Surya Mohan Jha All lecturers in Parwati Science College, Madhepura, P.S. Madhepura, District Madhepura. …………..Review Petitioners. Versus 1. The State of Bihar, through the Education Secretary, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 2. Lalit Narain Mishra University through the Registrar, L.N.Mishra University, Kameshwar Nagar, Darbhanga District Darbhanga. 3. The Vice Chancellor, Lalit Narain Mishra University, Kameshwar Nagar, District Darbhanga 4. Principal, Parwati Science College Madhepura, P.S. and District Madhepura. 5. The B.N. Mandal University, Laloo Nagar, through its Registrar. ……….Respondents. 2 For the petitioners : Ms. Manisha Singh, Advocate. For the State : Mr.Amaresh Kumar Sinha, A.C. to G.P. 15. For L.N. Mithila University : Mr. P.N.Shahi, Advocate. For B.N. Mandal University : Mr.Hemandra Kumar, Advocate. ----------- 07/ 19.02.2010 I.A. No.347 of 2010 has been filed on 14.01.2010 on behalf of the petitioners for substituting the heirs of petitioner no.1 Hem Chandra Kumar, who is said to have died on 18.12.2009 leaving behind a widow, a son and four daughters as his heirs and legal representatives fully detailed in paragraph-2 of the interlocutory application. The said interlocutory application is well within the statutory period of limitation and is accompanied by a duly executed vakalatnama of the proposed heirs. Accordingly, the said interlocutory application is allowed. Let the aforesaid heirs of petitioner no.1 be substituted in his place. 2. Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for L.N. Mithila University and learned counsel for B.N. Mandal University and their authorities. 3. This civil review petition has been filed by the writ petitioners challenging order dated 21.08.1997 by which an Hon’ble Single Judge of this court disposed of C.W.J.C. No.1913 of 1989 which was filed by six petitioners claiming themselves to be lecturers of one Parwati Science College, Madhepura (respondent no.4) which was previously under the control of L.N. Mithila University, but now it has come under B.N.Mandal 3 University, praying for a direction to the respondents to pay arrears of salary for the period April, 1985 to October,1986 and difference of Dearness Allowance from 1980 to 1986 which according to them was not paid. 4. It is quite apparent from the record that the aforesaid writ case was admitted by a Division Bench of this court vide order dated 05.02.1990 and it was specifically directed that the said writ petition will be heard by a Division Bench, whereafter on several consecutive dates the said case was listed for hearing before Division Bench but subsequently Hon’ble the Chief Justice vide order dated 05.03.1993 directed that the writ petition be placed before an appropriate Bench. In view of earlier order dated 05.02.1990 the appropriate Bench as directed by Hon’ble the Chief Justice would clearly mean appropriate Division Bench but due to official mistake the case was listed before an Hon’ble Single Judge for hearing on 01.08.1997 on which date His Lordship directed that in view of order dated 05.02.1990 let writ petition be listed for hearing before an appropriate Division Bench. 5. It transpires that ignoring the aforesaid orders the case was listed before an Hon’ble Single Judge on 21.08.1997 and the said earlier orders were not shown before that court, due to which the said case was decided by an Hon’ble Single Judge, although it should have been heard and decided by a Division Bench as per the previous orders of the court. 4 6. In the aforesaid facts and circumstances, learned counsel for the petitioners has made out a case of review and accordingly, this petition is allowed and order dated 21.08.1997 is recalled and reviewed for placing the aforesaid C.W.J.C. No.1913 of 1989 for final hearing before an appropriate Division Bench with the permission of Hon’ble the Chief Justice. 7. As prayed for by learned counsel for the petitioners two weeks time is allowed to him to file second copy of the brief for the Hon’ble Division Bench and also to serve two copies of writ petition upon learned counsel for the State, learned counsel for L.N. Mithila University and learned counsel for B.N. Mandal University, failing which the aforesaid writ petition shall stand dismissed without further reference to a Bench. harish/ ( S. N. Hussain, J. )