IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12370 of 2006 1. MADAN MOHAN SINGH, son of Sri Ram Kripal Singh, resident of village Simra, P.S. Dinara, District Rohtas 2. Krishna Awatar Singh, son of late Dharmdeo Singh, resident of Mohalla Kuraich Mahabir Asthan, P.S. Sasaram, District Rohtas 3. Ram Briksh Singh, son of late Dwarika Singh, resident of village Tilauthau, P.S. Tilauthu, District Rohtas 4. Saligram Pandey, son of Sri Narsing Pandey, resident of village Kokhra, P.S. Karai Parsurai, District Nalanda 5. Vinod Prasad, son of late Tetar Mahto, resident of village Parari, P.S. Chandi, District Nalanda 6. Baliram Singh, son of late Ramnandan Singh, resident of village Uchitpur, P.S. Sasaram, District Rohtas 7. Hridya Nand, son of Sri Ram Dwar Singh, resident of village Uchitpur, P.S. Sasaram, District Rohtas 8. Babuli Singh, son of Sri Jaipati Singh 9. Surendra Singh, son of Sri Jaipati Singh, both nos. 8 and 9 are residents of village Kushwaha Nagar Dhundhua, P.S. Nabinagar, District Aurangabad 10. Ganesh Prasad Mehta, son of Sri Harihar Prasad Mehta, resident of village Kushwaha Nagar, Dhundhua, P.S. Nabinagar, District Aurangabad 11. Jalendra Kumar Singh, son of late Ram Sewak Singh, resident of village Uchitpur, P.S. Sasaram, District Rohtas 12. Dashrath Singh, son of late Besri Singh, resident of Mohalla Bhartiganj Sasaram, P.S. Sasaram, District Rohtas ... Petitioners Versus 1. THE STATE OF BIHAR 2. Commissioner cum Secretary, Department of Human Resources Development (Higher Education), Govt. of Bihar, Patna 3. Veer Kunwar Singh University, Arrah through its Registrar 4. Vice Chancellor, Veer Kunwar Singh University, Arrah 5. Registrar, Veer Kunwar Singh University, Arrah 6. Finance Officer, Veer Kunwar Singh University, Arrah 7. The Principal, Sher Shah College, Sasaram, District Rohtas ... Respondents 2 ----------- 4. 8.10.2010 Heard counsel for the petitioner and the counsel for the State as also Veer Kunwar Singh University with regard to the following prayer: “a) A mandamus commanding the respondents to make payment of arrear amount of salary of the petitioners for the period December 1986 to February 2002, details of which have been given in the chart as contained in Annexure 5, during which period the petitioners were paid either 60 to 70% or home take salary, due to non-availability of fund with the respondent University for making full payment of salary to the employees including the petitioners, as adequate amount of funds were not released by the respondent State Government. b) A mandamus commanding the respondents to make payment of entire arrear amount of salary, as detailed in the chart vide Annexure 5, with bank rated interest for the entire period during which arrear amount of salary was withheld by the respondents for no valid justification.” After a lot of persuasion by this Court when the counter affidavit has been 3 filed, the things become clear as a day light, inasmuch as out of 12 petitioners 9 of them are said to be such persons in whose case there was a favourable report by Justice S.C.Agrawala Commission recommending for their absorption in terms of section 4(14) of the Bihar State Universities Act. Consequently in the counter affidavit filed by the University it was clearly stated that steps are being taken for making payment of salary both arrear and current in respect of such nine petitioners i.e. petitioners no. 1, 2, 5 to 9, 11 and 12. That would mean that the grievance of the aforementioned petitioners barring petitioners no. 3, 4 and 10 stands ventilated. As now the University itself has admitted the claim in respect of the aforementioned nine petitioners, it is expected that the resultant financial benefit undertaken in the counter affidavit and its Annexure „A‟ shall also be extended to them within a reasonable period, preferably within a period of three months from the date of receipt/ production of a copy of this order provided the funds for the same would be made available by the 4 Government to the University. As with regard to the grievance of petitioners no. 3, 4 and 10 Mr. Hemendra Prasad Singh, learned counsel appearing on behalf of the petitioners, would submit that though an impression has been created in today‟s affidavit and its Annexures „A‟ and „B‟ that the aforesaid three petitioners no. 3, 4 and 10 are not covered by the recommendation made by Justice S.C.Agrawala Commission but then they too would be entitled for absorption in terms of section 4(14) in view of the observations made by the Apex Court in the judgment while approving the report of Justice Agrawala. Mr. Singh, however, has also submitted that there seems to be some confusion as with regard to absence of petitioners no. 3, 4 and 10 not being recommended by Justice S.C.Agrawala Commission and for this purpose he seeks opportunity to establish that their cases also is identical to the other petitioners and that too were recommended by Justice S.C.Agrawala Commission. In the given circumstances, this Court would give liberty to petitioners no. 5 3, 4 and 10 to file their individual representation enclosing all their documents right from their first appointment as also any order of the University which would espouse their cause for their absorption in terms of section 4(14) of the Act and it is expected that if such a representation is filed by petitioners no. 3, 4 and 10 and/or any one of them the same shall be considered and disposed of on merits within a period of six months of its being filed alongwith a copy of this order. With the aforementioned observation and direction, this application is disposed of. Learned counsel appearing on behalf of the University has stated that on account of typographical error in the order of this Court dated 30.8.2010 describing Patna High Court Legal Services Committee as Patna High Court Legal Services Authority the cheque of the University of Rs. 2,500/- has not been accepted. There being an apparent typographical error in the description of the name of Patna High Court Legal Services 6 Committee, while this Court would direct for correction of the word „Authority‟ by „Committee‟ in the 12th line from the top at page 2, it would also direct the Registrar of the University to deposit the corrected cheque of the same amount in the name of Patna High Court Legal Services Committee by 1st Week of November, 2010. (Mihir Kumar Jha,J.) Surendra/