IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8636 of 2006 GAURI KANT JHA son of late Kamala Kant Jha, resident of Mohalla Vijay Nagar Colony (behind Islamia High School), Katihar, P.S. Town, District Katihar. Versus 1. THE STATE OF BIHAR through the Secretary Cum Commissioner, Human Resources (Higher Education) Department, Government of Bihar, Patna. 2. Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura through the Vice Chancellor, B.N. Mandal University, Lalu Nagar, Madhepura. 3. The Vice Chancellor, Bhupenra Narayan Mandal University, Lalu Nagar, Madhepura. 4. The Registrar, Bhupendra Narayan Mandal University Lalu Nagar, Madhepura. 5. The Finance Officer, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura. 6. The Principal, K.B. Jha College, Madhepura. 7. Md. Abdul Latif son of not known, Lecturer in the department of Botany, K.B. Jha College, Katihar, presently posted as Rastriya Seva Yojna Cordinator, B.N.Mandal University Lalu Nagar, Madhepura. ----------- 3 6.9.2010 Having heard counsel for the parties as also taking into account that the petitioner happens to be Lecturer of K.B. Jha, College, Katihar, one of the 36 constituent Colleges which were made constituent in the fourth phase and that the petitioner is one of the three screened/ recommended Lecturer in the department of Zoology in whose favour the University has also issued order of absorption on 17.1.2006 and thereafter had also gone to make payment of salary in terms of the following relief:- “(i)For direction to the respondents concerned to pay the salary of petitioner- a lecturer in the Department of Zoology Krishna Ballabh Jha College, Katihar with effect from January 2006 till date in the revised U.G. C. Scale of Rs.8000- 13500. (ii)For direction to the respondents concerned to pay the difference of arrears of salary to the petitioner from July, 1986 to 28.2.99 calculated at Rs. 2,98, 908.80 paise in the scale of Rs.2200- 4000.” this Court instead of now allowing the University to 2 file its counter affidavit would find it more convenient to direct the respondent authorities of the University to also consider the following grievance of the petitioner, namely:- “(iii)For direction to the respondents concerned to pay the arrears of salary to the petitioner from August 2000 to November, 2001 calculated at Rs.1,82,282.50 paise in the scale of Rs.2200-4000. (iv)For direction to the respondents concerned to pay the arrear of salary in the revised U.G.C. scale of Rs.8000- 13500 to the petitioner for the period between 1.1.96 and 31.12.2005.” It is, however, made clear that the entire consideration of the petitioner would depend on the validity and correctness of the order of absorption as contained in notification dated 17.1.2006 and the petitioner’s entitlement towards payment of salary and emoluments on the post of Lecturer or higher post would squarely depend on the order of absorption as Lecturer. In other words, if order of absorption has remained undisturbed, the authorities of the University must consider rest of his grievance and also pay the balance amount as has been extended to other teachers of the constituent Colleges of the fourth phase whose services have been validly and legally absorbed. In the event, any of the aforementioned two claim or both of them is not allowed, the competent authority of the University must disclose reasons for the same. Such exercise must be completed by the Registrar and Vice Chancellor of the University within a period of three months from the date of receipt/production of a copy of this order. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)