IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.911 of 2011 IN Civil Writ Jurisdiction Case 14227 of 2009 With Interlocutory Application No. 4010 of 2011 And Interlocutory Application No. 4011 of 2011 ====================================================== 1. The Vice Chancellor,Tilka Manjhi Bhagalpur University, Bhagalpur, 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur, 3. The Finance Adviser, Tilka Manjhi Bhagalpur University, Bhagalpur. .... .... Appellant/s Versus 1. Dr.Sunil Kumar Singh son of Dr. Diwakar Prasad Singh, Lecturer, Department of Zoology, Sabour College, Sabour, P.S. Sabour, District- Bhagalpur; 2. The State of Bihar through the Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Higher Education, Human Resources Devlopment Department, Government of Bihar, Patna. 4. The Principal, Sabour College, Sabour, P.S. Sabour, District- Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Keshari For the Respondent/s : Mr. S.A. Alam Sc3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 04-07-2011 This Appeal under Clause 10 of the Letters Patent is filed by the Tilka Manjhi Bhagalpur University, Bhagalpur through its Vice-Chancellor, the Registrar and the Finance Adviser (hereinafter referred to as “the University”) against the interim Patna High Court LPA No.911 of 2011 (4) dt.04-07-2011 2 order dated 07.12.2009 made by the learned single Judge pending C.W.J.C. No. 14227 of 2009. Under the impugned order the learned single Judge has directed the University to pay to the writ petitioner current salary every month and pay the amount of difference in salary since March, 2009. The Appeal is preferred beyond the period of limitation by 461 days. Learned Advocate Mr. Ashok Kumar Keshari has appeared for the University. He has assailed the impugned order. He has submitted that since the impugned order dated 7th December, 2009 several other orders have been made by this Court in similar facts including that of Division Bench and of Full Bench. The matter at issue is pending before the Supreme Court and the direction issued by the Full Bench has been stayed. This Court, therefore, should interfere in the matter in the present Letters Patent Appeal. A Full Bench of this Court (Coram: Chief Justice Mr. Dipak Misra, Mr. Justice Mihir Kumar Jha and Mr. Justice Jyoti Saran) by the judgment dated 11th March, 2010 constituted a Commission comprising Mr. Justice S.N.Jha (Retired CJ) and Mr. Vijay Shankar Dubey, Former Vice Chancellor of Nalanda Open University to examine the matter at issue. In paragraph-35 of the judgment the Bench issued detailed directions to the Commission. Patna High Court LPA No.911 of 2011 (4) dt.04-07-2011 3 The said judgment has been challenged by some of the writ petitioners before the Hon’ble Supreme Court. The Hon’ble Supreme Court has, by its order dated 7th May 2010 made on Petition for Special Leave to Appeal (Civil) No. 12591 of 2010 and other applications, directed “In the meantime, there shall be stay of the working of the Commission till the next date of hearing.” We are informed at the Bar that the Hon’ble Supreme Court is still seized of the matter. No further order has been made since 7th May, 2010. Let it be noted that one of the directions issued by the Full Bench of this Court was that “the employees who are working shall be paid their current salary.” The aforesaid direction has not been stayed by the Hon’ble Supreme Court. The learned advocate Mr. Keshari has, however, submitted that the Commission was appointed to examine the veracity of the claim made by the employees of the University. Now when the functioning of the Commission is stayed , there is no machinery to examine the veracity of the claims made by the employees of the University. Without examining such claims the University should not be compelled to pay the current salary. The order impugned before us is an interim order Patna High Court LPA No.911 of 2011 (4) dt.04-07-2011 4 made pending the petition. Petition is at large before the learned single Judge. The learned single Judge has observed that no counter affidavit was filed by the University to justify the stoppage of salary. As the impugned order is an interim order made pending the writ petition; since then the Full Bench has made the order to pay the current salary to the employees and; that the Hon’ble Supreme Court has not interfered with the said direction as yet, we do not consider it expedient to stay or set aside the impugned order. Moreover, we are not satisfied about the reasons stated for the inordinate delay of 461 days occurred in filing the present appeal. For the aforesaid reasons, we dismiss the appeal and the Interlocutory applications. We may, however, observe that the University may choose to file counter affidavit to the writ petition and move the learned Single Judge for vacation of interim relief. BTiwary/ (R.M. Doshit, CJ) (Birendra Prasad Verma, J)