IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2377 of 2002 CHANDRA MOHAN JHA, S/O LATE KALICHARAN JHA, R/O VILLAGE AND P.O.-NANUAR, VIA-TULAPATGANJ, P.S.-ANDHRA DHARHI, DISTRICT-MADHUBANI. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, NEW SECRETARIAT, PATNA. 2. THE KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, THROUGH ITS REGISTRAR, KAMESHWAR NAGAR, DARBHANGA. 3. THE VICE-CHANCELLOR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 4. THE REGISTRAR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 5. THE PRINCIPAL, DR. JAGANNATH MISHRA SANSKRIT COLLEGE, PASTAN, NAVTOLI, MADHUBANI. ………………RESPONDENTS. ----------- 5 07.04.2010 Petitioner has filed this writ application for a direction to the respondents to release arrears of his salary due from September, 1999 onwards. The admitted facts are that the petitioner was appointed as Lecturer in Dr. Jagannath Mishra Sanskrit Mahavidyalaya Pastan, Navtoli, Madhubani pursuant to an advertisement and selection process in 1980. He was having qualification of M.A. in Maithli. Pursuant to the appointment he joined his service on 15.1.1980. His name was recommended to the University and University also granted approval of his appointment. It is contended 2 that thereafter, College Service Commission also granted approval to the appointment of the petitioner. As per the counter affidavit the case of the respondents is that since the post of Lecturer in the subject of Maithli was not a sanctioned post petitioner was asked to acquire the qualification of M.A. in Hindi so that he may be adjusted against the post of Lecturer in Hindi. He was asked for the same in 1993. However, he did not acquire the said qualification and, therefore, vide letter dated 14.7.1999 his salary was stopped. It is not disputed that the petitioner continued in service even thereafter and has superannuated from service with effect from 31.3.2004. The respondents are contesting the claim of the petitioner on the ground that inspite of being asked he did not acquire the qualification of M.A. in Hindi. Learned counsel for the petitioner submits that Maithli was also one of the subjects taught in the College and the post was available there within sanctioned strength. Be that as it may, this is not disputed 3 that till 1999 petitioner was paid his salary. Thereafter also he was allowed to continue and superannuate from service. No action was taken by the University against the petitioner during his service period. In the circumstances, now it is not open to the University to withhold the dues of the petitioner in respect of his arrears of salary and deny him pensionary benefits. The writ application is, therefore, allowed. The respondent University is directed to release all arrears of salary of the petitioner and calculate and pay his pensionary benefits as per law. If necessary, the University shall make requisition for sanction of the amount from the State Government in this respect on the basis of this order of the Court which must be sanctioned within one month thereafter. In any case, the payment should be made to the petitioner within three months from the date of receipt/production of a copy of this order. Arvind/ (J. N. Singh, J.)