IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8221 of 2009 Prof.Usha Srivastava, W/o Late Mithilesh Kumar Sinha, resident of Mohalla Rajni chowk, Bhata Bazar, P.S. K. Hat, District- Purnia. … Petitioner Versus 1. The State Of Bihar through the Secretary, Human Resource Development Department, Government of Bihar, Patna. 2. The Vice Chancellor, B.N. Mandal University, Madhepura. 3. The Registrar, B.N. Mandal University, Madhepura. 4. The Principal, Ram Lal College, Madhawnagar, Dhamdaha, Purnea. 5. The Secretary Higher Education Department, Government of Bihar, Patna. ..Respondents. ----------- 5 18.10.2011 Heard learned counsel for the petitioner, learned counsel for the State as well as L.N. Mithila University. Counter affidavit has been filed on behalf of the University. Prayer of the petitioner is for a direction to the respondents to make payment of arrears of salary and month to month salary. Petitioner was appointed as Lecturer by the Secretary of Ram Lal College, Madhawnagar, Purnea against the second post in Sanskrit Department vide letter bearing no. 115(RLC) 85 dated 10.07.1985. The college in question, a private college, became affiliated to L.N. Mithila University, Darbhanga, and in the year 1986, it became a constituent unit of L.N. Mithila University, Darbhanga. Subsequently, when B.N. Mandal University was established it became constituent unit of B.N. Mandal University. Petitioner’s case is that in view of the judgment passed by the Hon’be Apext Court in SLP No. 18168 of 2002, she was absorbed in her service, as her name was in Justice Agrawal Commission’s report in Recommended-1 Category. Even 2 though, the college in question is IVth Phase constituent college but her name being in R-1 Category, she should have been paid her salary arrears as well as regular month to month current salary by the University, but though, there is no reasonable ground, her salary is not being paid by the University. L.N. Mithilia University, in its counter affidavit has admitted that petitioner’s name has been placed in R-I Category and considering that she has been absorbed, there is no reason for not making payment. Only reason being that the State Government is not releasing fund. The State Government is not providing fund for payment of salary to Teaching and Non- Teaching employees of IVth phase employment. Respondent-State in its counter affidavit has stated that the Government owes responsibility for releasing fund for payment of salary to teaching not teaching employees in R-1 Category of IVth Phase Constituent College. Only such Teaching and Non-Teaching employees, whose name finds place in Justice Agrawal Committee’s report in “S and R-1 Category” shall be paid their salary. So far “R2 and NR” Category employees are concerned, the State Government is not accepting their liability. Regarding petitioner, it has been stated that, since, her name is in R-1 Category of Justice Agrawal Commission’s report, she will be paid her salary, out of the fund released by the State Government to the University. The Government has already released grant in aid to the University, on the basis of its 3 Annual Budget, as such there is no reason for not making payment of arrears of salary to the petitioner. Consider the statement in the writ application as well as in the counter affidavits, I find that there is no reason for not making payment of arrears of salary to the petitioner, as she is in R-1 Category and working continuously since the date of her initial appointment. Despite the fact that the college in question is IVth Phase Constituent College, there is no reason for not making payment of arrears as well as current salary to the petitioner, whose liability has been accepted by the State Government and the fund for which has already been released. This application is being allowed directing the respondents Vice-Chancellor, Registrar and the Finance Officer of the University for calculating entire claim of the petitioner, so far arrears of salary are concerned. Entire arrears of salary must be paid to the petitioner within two months from the date of production/communication of the order. Petitioner shall also be paid her current salary on month to month basis. Md. Ibrarul ( Mridula Mishra, J.)