IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3007 of 2007 DR. KRISHNANAND YADAV, S/O SRI HARI NANDAN YADAV, LECTURER, DEPARTMENT OF ECONOMICS R.L.S.Y. COLLEGE, AURANGABAD, DISTRICT-AURANGABAD. …………………PETITIONER. Versus 1. PROF. B.N. PANDEY, THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH-GAYA. 2. DR. D.K. YADAV, THE REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA. 3. SRI SRINIWAS SRIVASTAVA, THE FINANCE OFFICER, M.U., BODH-GAYA. 4. DR. R.AHMAD, THE PRICIPAL, R.L.S.Y. COLLEGE, AURANGABAD. 5. DR. AJIT KUMAR SINGH, THE PRINCIPAL, S.M.S.G. COLLEGE, SHERGHATI. 6. DR. ISHWARANAND SINGH, THE PRINCIPAL S.M.D. COLLGE, PUNPUN, PATNA. 7. THE STATE OF BIHAR THROUGH SRI ANJANI KUMAR SINGH, COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HRD (HIGHER EDUCATION), GOVERNMENT OF BIHAR. …………………………OPPOSITE PARTIES. ----------- 6 19.02.2009 This contempt application has been filed alleging non-compliance of the order dated 16.7.2007 passed in CWJC No. 9104 of 2005. While disposing of the writ application this Court directed the respondent no. 2 to dispose of the representation of the petitioner proposed to be filed before the Registrar of the Magadh University within a period of three weeks along with the certified copy of the order and to dispose it of by a reasoned order expeditiously, preferably within a period of two months of receipt of such representation. 2 It was also directed that if the representation of the petitioner finds favour, the Registrar of the Magadh University shall immediately issue further orders/directions so that the grievances of the petitioner with regard to the arrears of salary could be redressed without further delay. It is not disputed that the petitioner had filed a representation before the Registrar, Magadh University on 20.8.2007. However, it appears that in spite of representation of petitioner having been filed within two months as directed by this Court, the Registrar took almost one year time to dispose of the same by his order dated 25.4.2008 as contained in Annexure-R/1. In the order disposing of the representation, the claim of the petitioner has been accepted. However, it has been stated in the order that since the Government has not released any grant for payment of arrears of salary, the University was not in a position to pay the dues of the petitioner. It is clear that no specific 3 requisition in respect of the petitioner sent by the University to the Government for release of the admitted dues of the petitioner and the University is only relying upon a consolidated claims sent to the Government for release of grant to the tune of Rs.1,53,89,74,828. In the circumstances, the University is directed to send an audited claim of the petitioner of dues of his salary to the Government separately within two weeks from today, if the same has not yet been sent in respect of the petitioner individually. If the said requisition for payment of dues of the petitioner is sent by the University to the Government the same shall be considered and the requisitioned amount after due verification shall be released to the University for payment to the petitioner within two weeks thereafter. Upon receipt of the said amount the University shall ensure payment of the same to the petitioner within two weeks thereafter. It is made clear that if the University does not send such a requisition 4 in respect of the petitioner to the Government within two weeks, the Registrar shall be liable to pay interest at the rate of 10% on the amount from his own pocket till the amount is actually paid to the petitioner. Similarly, if upon receipt of the requisition the State Government does not verify the calculations and release admitted amount to the University within two weeks from the date of receipt of requisition, the Secretary, Higher Education shall be liable to pay interest at the rate of 10% on the said amount from his own pocket to the petitioner till the amount is released to the University. Thereafter, upon receipt of the said amount from the Government, the same is not paid to the petitioner within two weeks, the Registrar shall be liable to pay interest at the rate of 10% on the said amount from his own pocket till the amount is actually received by the petitioner. With the above observations and directions, this contempt application is disposed of. Let a copy of this order be handed 5 over to learned counsel for the University as well as learned counsel for the State in the office of learned AAG-III. Arvind/ ( J. N. Singh, J.)