IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13256 of 2011 1. DURGANAND JHA S/O GULLI JHA, R/O VILLAGE & P.O.- PARIHARPUR, P.S.- RAJNAGAR, DISTRICT- MADHUBANI. 2. MD. SHAHABUDDIN S/O LATE MD. YASIN ANSARI, R/O VILLAGE- BHAGWANPUR, P.O.- SUGAUNA, P.S.- RAJNAGAR, DISTRICT- MADHUBANI 3. ASHAKANT JHA S/O LATE KAUTEER JHA, R/O VILLAGE & P.O. PARIHARPUR, P.S.- RAJNAGAR, DISTRICT- MADHUBANI 4. SATISH CHANDRA SINGH S/O SRI DUKHA SINGH, R/O VILLATE & P.O.- KEWALPATTI, P.S.- RAJNAGAR, DISTRICT- MADHUBANI 5. HEMCHAND ACHARYA S/O LATE UMAKANT ACHARYA, R/O VILLAGE & P.O.- NARAYANPATTI, P.S.- RAJNAGAR, DISTRICT- MADHUBANI 6. MUKTI NATH JHA S/O SRI BHAKTI NATH JHA, R/O VILLAGE & P.O.- SIMRI, P.S.- RAJNAGAR, DISTRICT- MADHUBANI 7. DURGESH CHANDRA JHA S/O LATE MAHESH CHANDRA JHA, R/O VILLAGE- TYAMTHA, P.O- TYAMTHA, P.S. BENIPATTI ………….Petitioners Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE L.N. MITHILA UNIVERSITY, KAMESHWARNAGAR, DARBHANGA THROUGH ITS REGISTRAR 4. THE VICE-CHANCELLOR, L.N. MITHILA UNIVERSITY, KAMESHWARNAGAR, DARBHANGA 5. THE FINANCE OFFICER, L.N. MITHILA UNIVERSITY, KAMESHWARNAGAR, DARBHANGA 6. THE PRINCIPAL, V.S.J. COLLEGE, RAJNAGAR, DISTRICT- MADHUBANI ……….Respondents ----------- 2. 17.08.2011 Heard learned counsels appearing for both sides. The instant writ petition has been filed with a prayer for directing the respondents to make payment of the arrears of the differential salary, which have yet to be paid despite funds having been released by the State Government for this specific purpose as the funds are said to have been otherwise utilized and exhausted. Learned counsel for the petitioners refers to an earlier order of this court dated 08.07.2011 passed in 2 C.W.J.C. No. 10730 of 2011, whereby similarly situated persons have already been granted the benefit of the writ petition having been disposed of favourably. It has been held in that case as follows:- “In the above circumstances of the case and in particular considering that the claim of the petitioners nowhere appears to be in dispute, let the petitioners file a fresh representation before the respondent no.4 who in view of Annexures 3 and 4 of the writ petition shall take a decision and if the petitioners are found eligible for the payment in question shall take suitable steps for payment to the petitioners in the absence of any disentitling facts. In view of the long period to which the claim relates let steps be taken by the respondent no.4 expeditiously preferably within a period of five months hereof. In case for any reason payment cannot be made to the petitioners despite availability of funds from the State Government, the respondent no.4 shall pass a speaking order to that effect. The State Government shall also look into the feasibility of releasing funds on the pending requisition by the University for the purpose”. The case of the instant petitioners does not appear to be in any material way different than of the petitioners in C.W.J.C. No. 10730 of 2011, and as such this matter may be disposed on the same terms. The writ petition is allowed accordingly. Fahad. (Vikash Jain, J.)