IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7055 of 2006 DR.SHRI NIWAS PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 8. 15.07.2008 Learned counsel is permitted to implead the Registrar, Magadh University as Respondent no. 7 during the course of the day. The controversy in this case relates to payment of salary dues to the petitioners for the period 1986 to 2002. A counter affidavit has been filed on behalf of the University. It states that the State Government has directed the submission of requisitions for payment. In response to the same, the Principal of Shershah College, Sasaram to which the petitioners belong, submitted a detailed statement of eligibility of the petitioners to the University on 13.8.2003. The details submitted were not in the proper format of the University, the University therefore directed the Principal of the College to resubmit the same in the proper format and in absence of which the University is unable to scrutinize the claim and forward the same to the State Government. No counter affidavit has been filed on behalf of the State. From the pleading of the petitioners and the University as it emerges presently, the issue is purely administrative. Payment of salary is a part of routine administration unless legal issue of ineligibility to the same arises. Presently, there do not appear to be any legal issue for adjudication requiring interference under Article 226 of the Constitution. The order sheet reflects that from August, 2007, this Court has been requiring the Veer Kunwar Singh University and Magadh University to file their counter affidavit. The counter affidavit referred to above has - 2 - been filed only on behalf of Veer Kunwar Singh University. No counter affidavit has been filed till date by Magadh University. On 17.3.2008 this Court directed that admissible dues of the petitioners be paid within one month, failing which the Registrar of the two Universities shall be personally present. On 30.4.2008 when no counter affidavit was filed again by both the Universities, the Court again reiterated payment of admissible dues within one month. On that date the submission on behalf of the Veer Kunwar Singh University was that a requisition had been sent to the Government for payment but the Government has not released the fund. It is noteworthy that the counter affidavit of the Veer Kunwar Singh University referred to above has been filed on 14.5.2008. As noticed above, it states that in absence of the College in question sending the eligibility claims of the petitioners in proper format, the University has been unable to scrutinize the claim and send it to the Government for receiving the grants. At this stage all that the Court observes is that there is an inherent contradiction in the stand of the Veer Kunwar Singh University which is glaring. At this stage, the Court refrains from using the word “misleading”. Again on 14.5.2008 this Court noticed that the matter was essentially administrative and directed compliance. Today nothing has transpired further. This Court has already observed in certain other orders that there will be a fundamental distinction between those who may have come to Court for a claim of arrears and are strengthened by an order of the Court and those who may not have come to the Court. Once a person has obtained certain orders from a Court of law and approached the authority, his claim - 3 - has the command of the Court behind it which the authorities are bound to examine in accordance with law. This writ application is disposed with directions to the Principal, Shershah College, Sasaram, Registrar of the Veer Kunwar Singh University, Registrar, Magadh University and the Secretary-cum-Higher Education, Government of Bihar to sit down together so that all queries and formalities are fulfilled and admissible dues of the petitioners are paid forthwith. This Court further directs that after ascertaining all admissible dues of the petitioners, the State Government shall be obliged to issue appropriate orders for payment to the petitioners in context of the orders passed in the present writ application and not generalized order for payment. It is made clear that though this Court has used the words “admissible dues” the command of the Court lies in direction to the Respondents to sit together and examine the claims of the petitioners and pay what may be payable to them. It is this part of the order which shall fall for consideration on the issue of compliance. Let the aforesaid exercise be carried out by the Respondents and the admissible dues of the petitioners be paid within a maximum period of six months from the date of receipt and/or production of a copy of this order before Respondent no.1, the Secretary-cum-Commissioner, Higher Education, Government of Bihar. The writ application stands disposed. AKS/ (Navin Sinha, J.)