IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3234 of 2000 TEACHERS ASSOCIATION R.K.COLLEGE & ORS Versus STATE OF BIHAR & ORS ----------- For the Petitioners : Mr. Satish Chandra Jh, Advocate For the Respondent : Mr. G.P. 7 --------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 7th July, 2008. We perused the order dated 15.1.1997. The relevant portion of the said order reads thus: “In these circumstances, these writ petitions are allowed and the respondents are directed to pay to the petitioners their full salary and other allowances which have remained in arrears within three months from today. The respondents are further directed that in future regular and realistic budge shall be prepared for different Universities and funds be sanctioned and released accordingly. So far as the petitioners are concerned, the State shall release necessary funds to the Universities well within time so that the Universities will be able to pay to them arrears of salary and allowances within a period of three months prescribed by this order. In C.W.J.C. No. 7109 of 1996 Annexure – 1 is quashed.” 2. Thereafter in M.J.C. No. 3118 of 1997, on 29th - 2 - March, 2000, the following order came to be passed- “Taking into consideration, the plea taken by the opposite parties, the Registrar, L.N. Mithila University was directed to forward necessary demand/requisition with certificate by 27th/28th March, 2000, so that the State may release appropriate fund for implementation of one or other judgment and payment in favour of the petitioners of the cases. In view of aforesaid undertaking given by the parties and steps taken as recorded on 23rd March, 2000 in M.J.C. No. 3309/97, instead of proceeding against the opposite parties of the present case, I give them another opportunity for compliance of the court’s order in its letter and spirit. The requisition with necessary certificate, if not yet made by the University, it must be made immediately. The State and its authorities are to release appropriate fund on the basis of requisition and certificate, if not yet released by 30th April, 2000. On receipt of fund, the University authorities should implement the judgment within a month thereof. If the judgment in question is not implemented and payment not made in terms with court’s order by 30th June, 2000, petitioners may bring the matter to the notice of the Vice Chancellor, L.N. Mithila University, Darbhanga and Secretary, Higher Education. Thereafter, the petitioners may wait for another two months, but if the judgment is not complied, even thereafter i.e. by 31st August, 2000, they may file fresh petition for initiation of contempt of proceeding against the Erring Officer/person, including the Vice Chancellor and Registrar of the University as also the - 3 - Secretary, Higher Education.” 3. The grievance of the petitioner in this writ petition is that the order dated 29th March, 2000 has not fully been complied with by the respondents. 4. Response has been filed by the Secretary, Higher Education to the contempt application. It transpires therefrom that the Registrar of L.N. Mithila University requisitioned a total amount of Rs.9,32,29,226.25 and the Department of Higher Education vide memo no. 787 dated 17.5.2000 sanctioned the said amount. According to the Secretary, Higher Education, thus, the order of this Court has been fully complied with. 5. In so far as University and its functionaries are concerned, in paragraphs 3 and 4 of the show cause, the following statements have been made: “3. That having examined the facts of the present case it has been found that the amount received from the State Government was in fact Rs.1,73,68,086.00. In order to settle the claims first on 25.9.2000 an amount of Rs.1,05,16,131.00 was released to the College. Thereafter on 11.12.2002 a further amount of Rs.31,82,333.00 was released. The College was then directed to and had paid an amount of Rs.24,05,032.00 from the College fund which was being held for the University. Thus, the total amount paid came to Rs.1,61,03,496.00 prior to the order of this Hon’ble Court dated 11.11.2003. 4. That on 18.11.2003 a further sum of Rs.5,60,778.00 was paid to the College for the aforesaid dues and a - 4 - further direction was issued to utilize the balance of Rs. Five lacs from account No. 1 of the College fund of the University. Thus, the total disbursement of Rs.1,71,64,274.00 has been made out of Rs.1,73,68,086.00 as received from the State Government.” 6. It would be, thus, seen that total disbursement of Rs.1,71,64,274.00 has already been made. 7. In so far as one Manoj Kumar Chandan (one of the members of the Teachers Association, R.K. College) is concerned, it is the response of the University that his matter has been considered by the Agrawal Committee and he is not entitled to any amount. 8. Although the counsel for the petitioner submitted that as of now more than Rs. Forty four lacs are outstanding and payable by the university to the members of the Petitioner- Teachers Association, except a bare statement, there is nothing to support to this submission. 9. Be that as it may, this court cannot keep on making roving and fishing enquiry about the actual payment being made to the teachers of constituent college of L.N. Mithila University, Darbhanga. 10. We, therefore, find no justification to keep this contempt petition pending and it is disposed of accordingly. However, if there is any deficiency in payment, the same may be brought to the notice of the Secretary, Higher Education with - 5 - supporting material. We further observe that if such a representation is made by the petitioner, the same may be considered by the Secretary, Government of Bihar in accordance with law. R. M. Lodha, CJ Kishore K. Mandal, J Anil/