IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11019 of 2011 Chandradip Singh Son of late Mundrika Singh, resident of village-Gurdi, P.S. Nabinagar, District- Aurangabad, Posted at Reader, Department of History, Anugrah Narayan Smarak College, Nabinagar, Police Station- Nabinagar, District-Aurangabad Versus 1. The State Of Bihar 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Vice Chancellor, Magadh University, Bodh Gaya. 4. The Secretary, Magadh University, Bodh Gaya. 5. The Principal, Anugrah Narayan Smarak College, Nabinagar, P.S.-Nabinagar, District-Aurangabad. 6. Lal Bahadur Singh son of not known to the petitioner, Professor Incharge, Anugrah narayan Smarak College, Nabinagar, District-Aurangabad. ----------- 2. 13.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondent Magadh University. Nobody appears on behalf of the State. The prayer in the writ petition is that even though pursuant to the order passed by this Court that the age of teachers in the University be enhanced from 62 to 65 years and pursuant to which the University also after accepting the position has notified that the teachers shall continue in service till the age of 65 but still payment has not been made to such teachers. Learned counsel for the petitioner has drawn this Court’s attention to the order passed by this Court as well as the notification by the University itself accepting the decision of this Court and also 2 issuing direction to the principal of the College concerned to make payment. Learned counsel appearing for the University has pointed out that the orders/judgments of this Court has been challenged before the Hon’ble Apex Court but there is no interim order and the matter is still pending. He prays that this matter may be listed after the disposal of the said S.L.P. After hearing learned counsel for the parties this Court is not inclined to accept the submission made by the learned counsel appearing for the University. It is an admitted position that pursuant to the order passed by this Court the University has under notification allowed the teachers to continue in service till the age of 65 years. It is also admitted position that pursuant to the same they have joined and are working. In that view of the matter, equity demands that they be paid for the work they are doing. Even if an order comes later it will have prospective effect of them being disengaged and shall thereafter not be entitled to the salary but on the principle of having worked for any period he shall also be entitled for his salary of that period. This Court directs the Vice Chancellor of Magadh University to ensure that the petitioner is 3 paid his salary forthwith. Let the same be done within four weeks from the date of receipt/production of a copy of this order before the Vice Chancellor. With the aforesaid directions this writ petition stands allowed. Anand Kr. ( Ahsanuddin Amanullah, J.)