IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8347 of 2002 1. Yugal Kishore Singh, son of late Sant Sharan Prasad Singh, resident of Village Barbatta, P.S. Sarairanjan, District Samastipur, at present posted as Reader in Philosophy, M.M. College, Bikram (Patna). 2. Dr. Chhotan Prasad Sharma, Son of late Ram Nirekhan Singh, Resident of Village Dehari, P.S. Bihta, District Patna, at present posted as Reader in Botany, M.M. College, Bikram (Patna). 3. Ramendra Sharma, Son of late Adya Sharma, Resident of Village Lodipur, P.S. Mehandia, District Arwal – at present posted as Reader in Zoology, M.M. College, Bikram (Patna). 4. Krishna Kumar Sharma, Son of late Ram Kinkar Prasad Singh, Resident of Village Tarwan, P.S. Naubatpur, District Patna – at present posted as Lecturer in Hindi, M.M. College, Bikram (Patna). 5. Thakur Uday Pratap Singh, Son of late Ramashish Roy, Resident of Village Gori, P.S. Kargahar, District Rohtas (Sasaram)- at present posted as Lecturer in Pali, M.M. College, Bikram, Patna. 6. Dr. Girish Kumar Sinha, Son of late Ram Chandra Prasad, Resident of E-108, P.C. Colony, Kankarbagh, P.S. Kankarbagh, District Patna at present posted as Reader in Chemistry, College of Commerce, Patna. 7. Dr. Ajay Kumar, Son of Dr. Ganesh Kant Jha, Resident of Village Dourgauli, P.S. Benipatti, District Madhubani – at present posted as Reader in Sociology, S.N. Sinha College, Jehanabad. --------- Petitioners Versus 1. The State of Bihar. 2. Commissioner-cum-Secretary, Department of Higher Education and Human Resources Development, Government of Bihar, Patna. 3. Director, Higher Education, Department of Human Resources Development, Government of Bihar, Patna. 4. Magadh University, Bodhgaya, Gaya – through its Registrar. 5. Vice Chancellor, Magadh University, Bodhgaya, Gaya. 6. Financial Adviser, Magadh University, Bodhgaya, Gaya. 7. Principal, M.M. College, at & P.S. Bikram, District Patna. 8. Principal, College of Commerce, Patna. 9. Principal, S.N. Sinha College, Jehanabad. --------- Respondents ----------- 4 21.06.2010 Heard learned counsel for the petitioners and counsel for the Magadh University as also the counsel for the State 2 of Bihar. In this writ application, seven Teachers of different colleges, namely, M.M. College, Bikram, Patna, College of Commerce, Patna and S.N. Sinha College have joined together for a common relief, which reads as follows:- “1(I) The respondents be commanded to deposit the deductions made in the P.F. of the petitioners in their respective accounts. (II) The respondents be commanded to pay deferred dearness allowance to the petitioners by depositing the same in their respective Provident Fund Accounts. (III) Pay to the petitioners the difference in salary, provident fund, dearness allowance, interim relief, house rent. (IV) The respondents may be commanded to make payment of difference of salary and other allowance on account of promotion of the petitioners. (V) The respondents may be commanded to pay the difference of U.G.C. scale and the existing scale to the petitioners.” Strictly speaking just a joint writ application with regard to an individual cause of action of seven writ petitioners and 3 that too from different colleges is not maintainable. But now throwing over the writ application on account of such a technical ground after a period of eight years would be virtually punishing the petitioners for not of their fault, inasmuch as, it was for their counsel to advice them properly for filing such a joint writ application. Counsel for the University as usually has not filed the counter affidavit and the State which always poses before this Court of having no interest in the University matter also has not tried to assist this Court. In the opinion of this Court, the individual grievances of all the petitioners has to be examined by the respondents particularly by the authorities of the University in the light of the provisions made in the Bihar State University Act and the Government Instructions issued time to time as with regard to the admissibility of the pay-scale and/or allowance. This aspect of the matter cannot be gone into in a joint writ application. 4 That being so, this Court would only give liberty to the petitioners to file their individual representation through proper channel i.e. through the Principal of the college and the Principal of the college would sent the same to the Registrar of the University, whereafter a final order as with regard to the aforementioned individual grievance of the petitioners would be taken and the order would be communicated within a period of six months from the date of forwarding of the representations by the Principal of the college. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)