IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2589 of 2003 GOKUL SINGH son of late Musafir Singh, resident of Sagma Sadan, Barbigha, P. S.- Barbigha, District- Shekhpura at present at Shashi Place, Near Nala Road Temple, P.S.- Kadamkuan, District Patna…. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Higher Education, Government of Bihar. 2. Tilka Manjhi Bhagalpur University, Bhagalpur through the Registrar of the same University. 3. Vice-Chancellor, tilka Manjhi Bhagalpur University Bhagalpur. 4. Director, Higher Education, Department of Higher Education, Bihar, Patna. 5. Principal, S. K. R. College Barbigha, District- Shekhpura… Respondents. With CWJC No.2621 of 2003 RAMASHRAY SHARMA aged about 67 years son of Shri Naval Kishore Sharma resident of Narainpur, P. S. Barbigha, District- Shekhpura…. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Higher Education, Government of Bihar. 2. Tilka Manjhi Bhagalpur University, Bhagalpur through its the Registrar. 3. Vice-Chancellor, Tilka Manjhi Bhagalpur University Bhagalpur. 4. Director, Higher Education, Department of Higher Education, Bihar, Patna. 5. Principal, S. K. R. College Barbigha, District- Shekhpura… Respondents. With CWJC No.7605 of 2003 SACCHIDANAND SHARMA son of late Kameshwar Sharma resident of village- Sultanpur, P. S. Mokamah, District Patna and at present resident of J/117 P.C. Colony, Kankerbagh, P. S. Kankerbagh, District- Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Higher Education, Government of Bihar, New Secretariat (Vikash Bhawan) Patna. 2. Tilka Manjhi Bhagalpur University, Bhagalpur through the Registrar of the University. 3. Vice-Chancellor, Tilka Manjhi Bhagalpur University Bhagalpur. 4. Director, Higher Education, Department of Higher Education, Govt. of Bihar, Patna. 5. Principal, S. K. R. College Barbigha, District- Shekhpura… Respondents. 2 ----------- 3. 02.08.2010 Heard Mr. Umeshwar Pd. Singh, learned counsel for the petitioners in all these three writ petitions, Mr. A. K. Keshari, learned Counsel for the Tilka Manjhi University as also Mr. A. Amanullah, G. A. 9 for the State. In three writ petitions prayers are as follows;- In CWJC No. 2589 of 2003 “ That this is an application for issuance of a writ of mandamus directing the respondent university to pay the dues of the petitioner which was admittedly payable to him towards his salary but was not paid during his employment there. The admitted dues as Principal Amount accured on account of non-payment of arrears of salaries is Rs.1,01,467/- and the @ 12% per annum accured thereupon is. Rs.2,85,360/-.The total amount thus payable to the petitioner is Rs.3,86,827 for payment of which the petitioner prays for direction from this Hon’ble Court to the respondent University. The dues (Principal Portion ofcourse) although admittedly payable to the petitioner but has not been paid on the plea of dearth of fund.” In CWJC No. 2621 of 2003 “1. That this is an application for issuance of writ of mandamus or any other appropriate writ directing the respondent University to pay the dues of the petitioner which was admittedly payable to him towards his salary but was not paid during his employment 3 there on the plea of dearth of fund. The admitted dues as principal amount accrued on account of short payments of salaries occasioned by enhancement of pay-scales ie. Rs.2,21,611 and the interest @ 12% per annum accrued thereupon is Rs.4,28,169. the total amount thus payable to the petitioner is Rs.6,49,780 for payment of which the petitioner prays for direction to the respondent University. The dues (principal portion only although admittedly payable to the petitioner but has not been paid on the plea of dearth of fund.” In CWJC No. 7605 of 2003 “1. That this is an application for issuance of a writ of mandamus directing the respondent University to pay the dues of the petitioner which was admittedly payable to him but was not paid during his employment there. The admitted dues as principal amount accrued on account of non-payment of arrears is Rs.1,27,928.00 and the interest acrrrued thereupon so far is Rs. 3,07,237.00. The total amount thus payable to the petitioner is Rs.4,23,364.00 for payment of which the petitioner prays for direction to the respondent University. The dues (Principal portion of course) although admittedly payable to the petitioner but has not been paid on the plea of dearth of fund.” Mr. Singh, learned counsel for the petitioners would submit that the claim of the petitioners is towards 4 the arrears of UGC Pay Scale which has not been paid to them as yet. Counsel for the University however would submit that in CWJC No. 7605 of 2003 there is not only counter affidavit but also supplementary counter affidavit which explains the payment of admitted amount to the petitioner on 24.9.2003 immediately after filing of the writ petition on 4.8.2003. Counsel for the State therefore would submit that if the payment of admitted principal amount has not been made till date the same would be made within a period of three months from the date of receipt/production of a copy of this order but if such amount has already been made, information will be sent to the petitioners with regard to such payment within the same period. Considering the fact that in all these old cases none of the parties are equipped with the upto date information, this Court would direct the Registrar of the University to examine the claim of the petitioners with regard to principal amount as claimed in these three writ petitions and if the same has not been paid its payment should be made to the petitioners within a period of three 5 months from the date of receipt/production of a copy of this order but if such amount has already been paid, only a communication should be sent to the petitioners to this effect in the same period. With the aforementioned observations and directions, these writ petitions are disposed of. kanchan (Mihir Kumar Jha, J.)