IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.643 of 2009 SUO MOTU CONTEMPT AGAINST V.C & THE REG. OF LNMU Versus ----------- 4. 25/06/2010 Petitioner has filed the connected writ application (C.W.J.C.No.1207 of 2007) for a direction to the respondent University to make payment of his post retiral dues along with interest. This Court, in a batch of cases, including the connected writ application, passed a detailed order on 12.9.2008 giving certain directions to the respondent University for payment of dues of the petitioners. The order dated 12.9.2008 and subsequent common orders passed in the batch of cases have been referred to in the order passed in M.J.C.No.566 of 2009. For convenience, specific directions of this Court passed on 12.9.2008 in the writ matter are reproduced here below :- “(a) Before the next date fixed in this batch of cases, they shall see to it that all admitted and lawful dues of the concerned employee of the University are calculated, settled and paid to him/her or his/her beneficiaries. (b) They shall see to it that all calculations are made as per the rates of entitlement, including that of the pay-scale admissible from time to time, of the employee concerned, as laid down in the relevant Act/ Statutes/ Rules/ Regulations/ Notifications etc. as - 2 - applicable at the relevant time or as made applicable by judicial pronouncement or interpretations made in the matter. Any miscalculation, resulting into short or excess payment to the employee concerned or his beneficiary shall be treated as non- compliance or wrong compliance of order of this Court and shall be viewed seriously. (c) Details of calculation under each head, with mention of relevant provision of law or judicial pronouncement, as the case may be, in the margin of the calculation, along with cheque/draft of the amount found payable (except where it is directly creditable in the account) shall be served on the employee or his/her beneficiary at his/her known place of residence, or shall be sent through insured registered post, if the entire family has shifted its residence out side the State. For this, address of the employee or his/her beneficiary shall be verified beforehand, if required. This exercise must be completed latest by two weeks prior to the next date fixed in this batch of cases. (d) In case, any specific claim raised by the petitioners in the respective writ petition is found not payable, a specific order in this regard shall be passed by the Vice Chancellor with reference to the specific provision of law or judicial pronouncement and shall be made available to the employee or his/her beneficiary along with the details of calculation and the cheque/draft as aforesaid. (e) Latest by one week prior to the date fixed in this batch of cases, the Head of the Institution concerned or the Registrar of the University, as the case may be, shall file a personal affidavit in each and every case, with copy served on the learned counsel for the petitioner, certifying that, to his personal satisfaction, entire lawful dues of the employee has been paid to the employee or his beneficiary and shall also enclose copies of the details of calculation and the cheque/draft as - 3 - served/sent to the employee or his beneficiary in terms of (c) above, and shall also enclose copy of registration receipt, as the case may be . With the affidavit, a copy of the order of the Vice-Chancellor, if any, denying any specific claim of the petitioner, and served upon the employee or his/her beneficiary in the manner indicated above, shall also be enclosed. (f) In case, any lawful amount of the concerned employee remains due to be paid to him or his beneficiary, and no order denying the claim is served upon the employee or his/her beneficiary in the manner indicated above, the Head of the Institution or the Registrar, as the case may be, shall disclose in his personal affidavit the name and details of the employee or officer due to whose lapses or due to whose fault the amount remained unpaid. In case the name and details of the employee/officer responsible for non-payment of any lawful amount of the employee concerned is not disclosed in such personal affidavit, the Head of the Institution concerned or the Registrar, as the case may be, shall be assumed to be personally responsible for the said lapse or default. (g) In case of outstanding arrears of salary on account of revision of pay- scale of teachers of the University w.e.f. 1.1.1996, and in case University finds itself unable to pay the same due to paucity of fund, it shall calculate the amount payable separately to each of the employee concerned of the present batch of cases and send a requisition to the State Govt. separately with all details of revision and fixation of pay- scale, with reference to relevant Act/ Statutes/Rules/Regulations/Notifications etc. as applicable at the relevant time or as made applicable or interpreted by judicial pronouncement made in the matter, with all details of the employee in the format prescribed by the State Govt. for the purpose, with original of the documents required by the State Government or explanation for non- furnishing of the same. The requisition - 4 - must be received by the concerned authority of the State Government latest three weeks before the next date fixed in this batch of cases, and copies thereof, with copy of receiving must be enclosed with the personal affidavit, as aforesaid. (h) State Government on receipt of such requisition in respect of individual employee, shall cause it to be examined, and upon being satisfied, shall release the necessary fund to the University specifically earmarked for payment to the concerned employee or his/her beneficiary as the case may be within two weeks from the date of receipt of the said requisition and shall inform the Court on the next date fixed in the batch of cases about the same. On receipt of the said fund, University shall make payment of the amount to the employee concerned or his/her beneficiary immediately with due intimation to the State Government and this Court. Any miscalculation, resulting into short or excess release of fund and payment thereof to the employee concerned or his/her beneficiary shall be treated as non-compliance or wrong compliance of order of this Court by the University authorities or the authorities of the State Government, as the case may be, and shall be viewed seriously. (i) Before filing of the aforesaid affidavits in respective cases, all concerned shall get satisfied, that specific and unambiguous pleading has been made in the affidavit showing full compliance of the directions of the Court as made above, and all necessary enclosures, as indicted above, are enclosed and all the heads of claims of the employee concerned are independently dealt with in separate paragraphs, so that any requirement of any further affidavit in the case may be ruled out, and the case may be in a position to be disposed of finally on the next date fixed.” - 5 - After this contempt proceeding was initiated, a show cause have been filed on behalf of the Vice Chancellor and the Registrar of the University in the main writ application on 27.1.2010. Along with the show cause, a hand written calculation chart of dues in respect of the petitioner has been annexed as Annexure-A in the show cause. This shows that there has been some compliance of orders of this Court although not in true letter and spirit. However, since petitioner has not filed any reply to the show cause and has not disputed the calculation made therein, this Court does not find it appropriate to hold the contemnors guilty in this case. Therefore, this contempt proceeding is dropped and the contempt application is disposed of. Pradeep/ (J. N. Singh, J.)