IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.216 of 2007 1. Shiv Kumar Prasad, son of Chandra Mani Prasad, resident of Village-Mathpar, P.O.-Murgawaon, P.S.Silso, District-Nalanda. 2. Ram Sakal Singh, son of Late Sita Ram Singh, resident of village- Pramdih, P.O. Bahura, P.S.Devnath, District-Rohtas. 3. Ramshray Singh, son of Jiv Nandan Singh, resident of village- Madipra, P.O. Dihyia, P.S. Karghar, District-Rohtas. 4. Shyam Bihari Singh, son of Late Jagernath Chaudhary, resident of village-Sathar, P.o. Balthari, P.S.- Kochas, District-Rohtas. 5. Ramta Rai, son of Harihar Rai, resident of village-Kushai, P.O. Karghat, District-Rohtas. 6. Rajgrihi Sharma, son of Late Baidhnath Sharma, resident of village- Bhadran, P.O. Tirni Dihra, P.S.-Karghar, District-Rohtas. 7. Rama Muni Singh, son of Deo Bachan Singh, resident of Salmal Khaira, P.O. Balthari, P.S.-Kochas, District-Rohtas. 8. Harihar Prasad Singh, son of Late Shiv Bharat Singh, resident of Village Sahmal Kharihar, P.O. Balthari, P.S. Kochas, District- Rohtas. 9. Birendra Singh, son of Late Sant Prasad Singh, resident of village- Bikhari, P.O. Barodihra, P.S.-Karghar, District-Rohtas. 10. Birendra Kumar Gautam, son of Ram Saran Singh, resident of Village-Bain, P.O. Bain, P.S. Silao, District-Nalanda. 11. Bharat Singh, son of Late Purnilasi Singh, resident of Village- Chatauni, P.O. Gadhnokha, P.S. Nokha, District-Rohtas. 12. Khobhari Singh, son of Late Mahesh Singh, resident of village- Navgai, P.O. + P.S. Sasaram, District-Rohtas. 13. Chandrama Singh, son of Late Shiv Prasan Singh, resident of Village-Sahmal Khaira, P.O. Balthari, P.S.-Kochas, District-Rohtas. 14. Saroj Kumar Singh, son of Late Indradeo Singh, resident of village- Sanash, P.O. Nadara, P.S. Khijarsarai, District-Gaya. 15. Kedar Singh, son of Late Ram Vayesh Singh, resident of Village- Pipari, P.O. Tarni, P.S.-Takiya, District-Rohtas. 16. Upendra Prasad Singh, son of Late Ramautar Singh, resident of Village-Mainjara, P.O. Madhar, P.S. Silao, District-Nalanda. 17. Ram Lal Sharma, son of Late Ram Kabel Sharma, resident of village-Takia, P.O. + P.S. Takia, District-Rohtas. 18. Bachu Lal Sah, son of Nankhu Sah, resident of Kank Samaria, P.O.- Bathari, P.S.-Kochas, District-Rohtas. 19. Ghanshyam Prasad Singh, son of Late Shiv Nath Singh, resident of Chota-Jagdishpur, P.O. Barauli, P.S. Piro, District-Bhojpur. …….Petitioners. Versus 1. The State of Bihar through the Secretary, Higher Education, Patna. 2. The Veer Kunwar Singh University through its Registrar, Arrah. 3. The Vice-Chancellor, Veer Kunwar Singh University, Arrah. 4. The Registrar, Veer Kunwar Singh University, Arrah. 5. The Principal, Sachidanand College, Sahmal Khaira deo, District- Rohtas. 6. Magadh University Bodhgaya through its Registrar, District-Gaya. …..Respondents. … - 2 - For the petitioners : Mr. Rajendra Prasad Singh, Senior Advocate. Mr. Arvind Kumar Singh, Advocate. For the State : Mr.S.P.Parasar, A.C. to G.P.19 For Magadh University: Mr. Anil Kumar Sinha, Advocate For V.K.S. University : Mr. Ajay Bihari Sinha, Advocate. Mr. Sajal Sinha, Advocate. ------- 20/ 01.04.2011 Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for Veer Kunwar Singh University and learned counsel for the Magadh University. 2. This petition has been filed by the petitioners for review of order dated 13.04.2007 passed by a learned Single Judge of this court so far it concerns CWJC No.14407 of 2006 by which the said writ petition was disposed of without allowing the claims of the petitioners. 3. Learned counsel for the petitioners submits that altogether 85 writ petitions, including CWJC No.14407 of 2006, which was filed by the petitioners, were disposed of by a common order dated 13.04.2007 passed by a learned Single Judge of this Court. It is contended that in the said common order, the specific case of these petitioners were not considered and the writ petition of these petitioners along with other writ petitions were disposed of on the basis of the claims raised in other writ petitions, which were quite different. 4. After hearing learned counsel for the parties and perusing the materials on record, including the order in question, this court finds that the contentions of learned counsel for the petitioners is just and proper and their case had not at all been considered in the - 3 - entire common order, rather their case had been disposed of considering different claims raised in other writ petitions. In the said circumstances, it is quite apparent that there is an error apparent on the face of record in the said order and hence the said order cannot legally stand the test of reasoning and equity, so far the instant case is concerned. 5. The petitioners were non-teaching staff of a constituent college under Magadh University, but after bifurcation of the said University in the year 1991 the said college became constituent unit of Veer Kunwar Singh University and the records of the petitioners were sent by the Magadh University to Veer Kunwar Singh University and as such the petitioners’ claims fall within the jurisdiction of Veer Kunwar Singh University. 6. The claims of the petitioners were with regard to arrears of salary as well as time bound promotions and the Veer Kunwar Singh University not having exercised its discretion with respect to the just and proper claims of the petitioners, the petitioners had to move this court in the aforesaid writ petition which was disposed of along with other writ petitions, without considering the specific case of these petitioners. 7. When this civil review petition was taken up for hearing on 24.09.2010 it was claimed on behalf of the petitioners that their arrears as well as time bound promotions were due and they were practically admitted by the University and its authorities, including principal of the concerned constituent college as is apparent from the records. On the said date, learned counsel for Veer Kunwar Singh - 4 - University and its authorities had stated that if a direction is given to the University for time bound promotion, the University will expedite the matter but with regard to arrears of salary of the petitioners there is no hitch in payment of arrears to the petitioners as per list provided by the University dated 20.12.2004 (Annexure-D) except that the Government has to release such fund to the University to be paid to the petitioners and similarly situated employees. 8. In the said circumstances, on the said date, i.e. on 24.09.2010, learned counsel for the State of Bihar prayed for some time to seek instructions and file counter affidavit with regard to question of release of fund in favour of Veer Kunwar Singh University for such payments. Now today learned counsel for the State of Bihar submits that the funds for such purpose have already been released in favour of the University concerned. Learned counsel for Veer Kunwar Singh University accepts the said fact. 9. In the aforesaid facts and circumstances, the impugned order dated 13.04.2007, so far it concerns CWJC No.14407 of 2006, suffers from error apparent on the face of record and is accordingly reviewed and recalled and this civil review petition is allowed. The claims of the petitioners are found to be just and proper and hence Veer Kunwar Singh University and its authorities are hereby directed to give time bound promotion to the petitioners in accordance with law and for that the entire procedure must be completed within two months from the date of receipt/production of a copy of this order. 10. So far arrears of salary of the petitioners are concerned, it is also not in dispute and the only hitch was the fund not having - 5 - been released from the State Government, but now the fund has been released and hence the said hitch has also been removed. In the said circumstances, Veer Kunwar Singh University and its authorities are directed to make payment of arrears of salary to the petitioners as per the list provided by the University dated 20.12.2004 (Annexure-D), expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order. Sunil (S. N. Hussain, J.)