IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.541 of 2010 1. Prof. Bibhuti Sharan Jha S/O Late Jatadhar Jha R/O Vill.- Manpaur, P.S.- Benipatti, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr. A.K.Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr.Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.546 of 2010 1. Prof. Guna Kant Jha S/O Late Rashe Jha R/O Vill.- Ranipur, P.S.- Basaitha, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha S/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr. A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr. A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.549 of 2010 1. Prof. Munindra Jha S/O Late Hari Dev Jha R/O Vill.- Benipatti, P.S.- Benipatt, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 2 5. Mr. A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr. A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga With MJC No.531 of 2010 1. Rita Mishra W/O Late Bishnu Kant Mishra, D/O Chndra Dhar Mishra R/O Arer Haat, P.S.- Arer, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.532 of 2010 1. Prof.Smt. Durga Jha D/O Sri Chandra Bhushan Thakur R/O Vill.- Behta East, P.S.- Benipatti, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K.Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.538 of 2010 1. Prof. Bhairav Jha S/O Awadh Narayan Jha R/O Arer Haat, P.S.- Arer, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.540 of 2010 1. Prof. Harendra Mohan S/O Late Brajednra Mohan Jha R/O Vill.- Sankat Mochan, P.S.- Rajnagar, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.543 of 2010 1. Prof. Yoganand Jha S/O Late Sachidanand Jha R/O Behta Haat, P.S.- Benipatti, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.547 of 2010 1. Prof. Ramesh Chandra Jha S/O Late Sushil Jha R/O Vill.- Jarail, P.S.- Benipatti, Distt.- Madhubani 4 Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B. N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr. A. K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.550 of 2010 1. Prof. Ganga Prasad Yadav S/O Late Gunidi Yadav R/O Vill.- Benipatti, P.S.- Benipatt, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr. B.N. Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr. A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr. A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.537 of 2010 1. Prof. Lila Kant Jha S/O Late Kamla Kant Jha R/O Vill.- Jitwarpur, P.S.- Rahika, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr.Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.534 of 2010 1. Prof. Biru Jha S/O Late Turant Lal Jha R/O Vill.- Mahinathpur, P.S.- Dewadha, Distt.- Madhubani Versus 1. Mr.K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr.A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K. Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani With MJC No.536 of 2010 1. Prof. Dineshwar Lal Das S/O Late Shiv Shanker Lal Das R/O Moh.- R.K.Puram Bhachchi, P.S.- Madhubani Town, Distt.- Madhubani Versus 1. Mr. K.K.Pathak S/O Not Known To The Petitioner The Secretary, Higher Education, Govt. Of Bihar, Patna 2. Mrs. Padmasha Jha W/O Not Known To The Petitioner The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 3. Mr. Vimal Kumar Vimal S/O Not Known To The Petitioner The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4. Mr.B.N.Jha S/O Not Known To The Petitioner The Finance Advisor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5. Mr. A.V. Chinam S/O Not Known To The Petitioner The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6. Mr.A.K.Karn S/O Not Known To The Petitioner The Budget And Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7. Mr. Munindra Jha S/O Not Known To The Petitioner The Principal Kalidas Vidyapati Science College, Uchachith, Benipatti, Distt.- Madhubani ----------- 05/ 29.06.2011 Supplementary show cause has been filed on behalf of the University and its authorities. It has been stated that the representations filed by the petitioners have been considered and disposed of 6 by a reasoned order. The claim of the petitioners for arrears of salary for the period 1.1.1986 has been rejected as per the direction of the State Govt. and also in the light of the order passed in the case of Triyugi Nath Sharma and other cases. Regarding claim of the petitioners for arrears of salary in the promotional pay scale of Rs.3700-5700/- i.e. the pay scale of Reader, it has been stated in the show cause that arrears of salary in the promotional scale of Reader has been calculated in the pay scale of Rs.3000- 5000, since petitioners were promoted to the post of Reader after 1.3.1989. Petitioners’ claim regarding salary for the strike period of the year 2000, it has been stated that it will be adjusted against earned leave of the petitioners. Counsel for the petitioners submits that similar statement has been made by the University and its authorities in MJC No. 2386 of 2008 (Dr. Nand Nandan Jha Vs. The State of Bihar & Others), which was rejected, since the teachers have already taken additional classes in to compensate the loss of teaching hours during strike period, and the University made payment for salary for the strike period. Mrs. Nivedita Nirvikar, counsel representing L.N. 7 Mithila University has submitted that the petitioners will be paid salary for this period. Statement in the show cause also indicate that requisition for allotment of fund for making payment of arrears of salary, at the pay point of Rs.14,940/- to the Readers, completing five years on 1.1.1996, has also been sent. Petitioners will be paid their arrears at payment of Rs.14,940/-, as soon as State Govt. releases the fund, the order will be complied. Since the reasoned order has been passed by the University. The finding recorded on any disputed amount, is subject to challenge by the petitioners. Considering the statement in the show cause on the point relating to payment for strike period and payment in the pay scale of Rs.14,940/- for Reader’s post, there is no reason for keeping these matters pending any more. The University and its authorities will pay all these amounts to the petitioners, without any delay. So far salary for the strike period is concerned, must be paid to the petitioners without any delay by the University. All these contempt applications are disposed of. DKS/ (Mridula Mishra, J.)