IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13453 of 2010 1. NAGENDRA JHA S/O SRI GANESH JHA R/O VILL & P.O.CHAKULA, P.S.HAYAGHAT, DISTT-DARBHANGA Versus 1. THE STATE OF BIHAR 2. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION) GOVERNMENT OF BIHAR, BAILEY ROAD, PATNA 3. DIRECTOR, HIGHER EDUCATION GOVERNMENT OF BIHAR, BAILEY ROAD, PATNA 4. K.S.D.SANSKRIT UNIVERSITY KAMESHWAR NAGAR, DARBHANGA THROUGH ITS REGISTRAR 5. THE VICE CHANCELLOR , K.S.D. SANSKRIT UNIVERSITY DARBHANGA 6. REGISTRAR, K.S.D. SANSKRIT UNIVERSITY DARBHANGA 7. FINANCE OFFICER, K.S.D.UNIVERSITY KAMESHWAR NAGAR, DARBHANGA ----------- For the Petitioner : M/s Yugal Kishore Madhu Rani. For the university : Mr. harendra Prasad Singh For the State : A.C. to S.C.-22 3 8.11.2010 The petitioner’s services were regularized by the order of the Vice Chancellor, as contained in Annexure 1, with effect from 8.1.1998. Petitioner is a lecturer in Rajeshwar Thakur Sanskrit Mahavidyalaya, Gorhiyari. Even though his services have been regularized with effect from 8.1.1998, as per admission in para 6 of the University’s counter affidavit, till July, 2007 he is apparently not being paid. University undertakes to pay the same upon receipt of funds from the State Government. On the other hand, learned counsel for the State points out that there being no requisition in that regard, the State Government cannot make payment. Be that as it may, as the services of the petitioner 2 have been regularized , he is entitled to full wages at proper rate for the entire period up to date. The university would make full calculation thereof and within one month from today, pay the same to the petitioner along with interest at the rate of 12% per annum from the time the amount was due till the time it is paid, as compensation, for this delayed in making payment. State would immediately then reimburse the university from this count. So far as current salary is concerned, in the counter affidavit it is submitted that a large number of employees of the College concerned were fund absent because of which explanations have been called for. In this connection final decision would be taken by the university by the end of this month. Unless, under any disciplinary order or other statutory provision, the payment of remuneration to the petitioner has been stopped, the same would continue to be paid on month to month basis. With the aforesaid observations and directions, the writ petition stands disposed of. singh ( Navaniti Prasad Singh, J.)