IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10550 of 2002 BIHAR RAJYA UP-SHASTRI SANSKRIT Mahavidyalaya Shikshak Evam Karmachari Sangh through its Secretary Sri Babu Kant Jha. 2.Babu Kant Jha son of late Thakkan Jha, posted as lecturer in Sarvjeet Sanskrit Up-Shastri mahavidayalaya, Lahata, p.S. Manigachhi, District Darbhanga and is Secretary of Bihar Prantiya Up-Shastri Sanskrit Mahavidyalaya, Shikshak Evam Karmachari Mahasangh, Darbhanga. Versus 1.KAMESHWAR SINGH DARBHANGA SANSKRIT University Kameshwar Nagar, P.S. L.N.MIthila University Campus, District Darbhanga through its Vice Chancellor. 2.The Vie Chancellor, Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar, P.S. L.N Mithila University Campus, District Darbhanga. 3.The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, P.S. L.N. Mithila University, Kameshwar Nagar, Darbhanga. 4.The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, p.S. L.N. Mithila University Campus, District Darbhanga. 5.The State of Bihar through the Commissioner cum Secretary, Higher Education Department, Govt. of bihar, New Secretariat, Patna. ----------- 3 24/6/2010 Heard Mr. Durga Nand Jha, learned counsel for the petitioner, Mr. S.N. Tiwary, learned counsel for the University and A.C. to S.C.20 for the State. Prayer of the petitioners initially in this writ application read as follows:- “(i)Issuance of a writ in the nature of Mandamus directing and commanding the respondents to pay the arrears of interim relief amount to the teaching and non teaching staffs of all up- Shastri Colleges duly affiliated to Kameshwar Singh Darbhanga Sanskrit University with financial aid and represented by petitioner No.1 at the rate of 20% extra interim relief w.e.f. 1.4.97 and 30% extra interim relief w.e.f. 1.4.98 in addition to interim relief of Rs.100.0 per month in pursuant to Government decisions taken from time to time. 2 (ii)Issuance of an appropriate declaration that the teachers and non teaching staffs of affiliated up-shastri colleges ae entitled to extra interim relief @ 20% extra interim relief w.e.f. 1.4.97 in pursuant to Government resolution No. 1249F (2) dated 9th March, 1998 and @ 30% extra interim relief w.e.f. 1.4.98 in pursuant to Government resolution No.5043F (2) dated 7th August, 1998 along with adequate amount of interest @ 18% per annum. (iii)Issuance of an appropriate declaration that once the University has decided in principle to pay the extra interim relief amount to the employees of affiliated up-Shastri Colleges in addition to interim relief @ Rs.100.00 per month and has issued office orders in this respect also from time to time, there is no justification to with hold the payment of such amount without any rhyme and reason. (iv)Issuance of an appropriate direction to State Government authorities to release the adequate fund for payment of extra interim relief amount to working employees of the petitioner colleges in pursuant to Government decisions taken from time to time.” Mr. Jha, however, would submit that on account of the subsequent events taking place during the pendency of this writ petition as explained in the supplementary affidavit filed on 23.7.2009, the would confine this writ petition only for the following two reliefs, namely:- “(a)Issuance of an appropriate direction to Respondent University to pay the interim relief for the period 1.4.1998 to 28.2.99 as summarized in detail chart (Annexure-12). (b)Issuance of further direction to the respondent University to pay the salary etc. to working teachers of all Up-Shastri Colleges in revised pay scale w.e.f. 1.1.97 along with difference of arrears w.e.f. 1.1.97 with interest @ 18% per annum.” Counsel for the University would submit that the aforementioned amended two reliefs as quoted above have not been confronted in the main writ petition and as such he is not in a 3 position to give any answer to them. He has submitted that he has filed counter affidavit only to the issues raised in the main writ application. In that view of the matter, as the petitioners would be satisfied by consideration of the aforementioned two grievances, this Court would now only direct the Vice-Chancellor of the University to consider the aforementioned two grievances of the petitioners and pass a reasoned order either allowing or rejecting the claim of the petitioners. Such exercise however must be completed within a period of six months from the date of receipt/production of a copy of this order. In the event it is found by the Vice Chancellor of the University that either of the claim or both of them are fit to be allowed, he would also ensure that the payment thereof is made to the petitioners within next one month. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)