Research › Search › Judgment

Jharkhand High Court · body

2010 DIGILAW 475 (JHR)

Sunil Kumar Singh v. State Of Jharkhand

2010-04-15

DABBIRU GANESHRAO PATNAIK

body2010
JUDGMENT : D.G.R. Patnaik, J. It is really unfortunate that an issue, which this Court on the basis of the submissions of the learned Counsel for the Respondent-State as also of the learned Counsel for the Respondent-University, had considered to have been almost settled, continues to vex and the respondents response to the demand of the present seven petitioners, in this writ application, continues to elude. In the supplementary counter affidavit, filed by the Respondent-Ranchi University, it has been acknowledged that the funds, which the State Government has released, has no doubt been received by the Ranchi University but considering the fact that it was intended to be disbursed to the 3 constituent colleges and 1 N C.C. College, the total amounts assessed at Rs. 2,46,84,969/- has accordingly been debited in the account of the Registrar, Nilambar Pilambar University. Learned Counsel for the Ranchi University submits that while allotting the funds, the Stale Government did not specifically state that the claim of the present seven writ petitioners should be met from the amounts disbursed and therefore, the Ranchi University could not possibly disburse the amounts separately to the present seven petitioners straightaway and whatever payments which need to be made, has to be done only by the concerned authorities of the Nilambar Pitambar University of which the N.C.C. College, to which the present petitioners belong, happens to be a constituent College. Learned Counsel refers in this context to Annexure-4, which is the pay order issued under the directions of the Vice-Chancellor of the Ranchi University addressed to the Registrar, Nilambar Pitambar University. 2. In response to a specific query as to why, while allotting the funds to the Ranchi University, was it not indicated that out of the funds allotted, the claim of the petitioners also needs to be met, learned Counsel for the Respondent-State would refer to some Rules and Regulations of the University and submit that this is not the usual procedure and the funds are allotted in lump-sum as per the requisition received from the Ranchi University. Learned Counsel adds that nevertheless, in the counter affidavit filed on behalf of the Respondent-State, a categorical statement has been made that out of the funds allotted, the amounts which corresponds to the claim of the petitioners, arc also included. 3. Learned Counsel adds that nevertheless, in the counter affidavit filed on behalf of the Respondent-State, a categorical statement has been made that out of the funds allotted, the amounts which corresponds to the claim of the petitioners, arc also included. 3. In the light of the aforesaid declarations made by the Respondent-State in the counter affidavit, there appears no confusion at all to draw the inference that out of 0f the funds allotted by the State Government, which has now been received by the Registrar of the Nilambar Pitambar University through the Ranchi University, the demand for the U.G.C. arrears of the petitioners is also to be met. 4. Under the circumstances, the Registrar of the Nilambar Pitambar University shall ensure that the amounts payable to the petitioners as has been assessed by the Ranchi University and forwarded to the Director, Higher Education, by a covering letter dated-04.05.2009, be paid to the petitioners within two weeks from the date of" this order. For ready reference, the petitioners may produce a copy of the letter containing the assessment of the amount payable to the petitioners, as made by the Respondent Ranchi University, before the Registrar of the Nilambar Pitambar University. 5. As regards the claim for payment of the U.G.C. arrears to the other teachers of the concerned College, such claim has not been denied or disputed by the Respondent-State Government or the Respondent-University. In such view of the matter, after disbursing the amounts payable to the present seven petitioners, if it is found that the claim of the other teachers towards U.G.C. arrears is legitimate, the Registrar of the Nilambar Pitambar University shall also assess the payments due to them towards U.G.C. arrears and ensure the disbursements of payments to the other such teachers. 6. As regards the claim for payment of arrears of salary of the non-teaching staffs and teachers, learned Counsel for the Respondent-State raises a plea that against the earlier order of this Court, the State Government has already preferred an appeal. Learned Counsel, however, concedes that no order of stay could be obtained from the Appellate Court as yet. 6. As regards the claim for payment of arrears of salary of the non-teaching staffs and teachers, learned Counsel for the Respondent-State raises a plea that against the earlier order of this Court, the State Government has already preferred an appeal. Learned Counsel, however, concedes that no order of stay could be obtained from the Appellate Court as yet. In such a situation, learned Counsel prays for three weeks' time to ensure that on the basis of the requisition for allotment of funds, received from the Ranchi University, further funds would be allotted to the University concerned for meeting the demands for payment of arrears of salary of the non-teaching staffs of the concerned College as also the teachers of the concerned College. 7. Learned Counsel for the Respondent-Ranchi University informs that as per the directions of this Court on the last date, a copy of the requisition, which was earlier forwarded by the Ranchi University to the State Government, demanding release of funds, has already been served upon the learned Counsel for the Respondent-State and the requisition also includes the amount, which would meet the demands of the non-teaching and teaching staffs towards arrears of their salary. 8. In the light of the above submissions, the Respondent-State Government shall release the balance of amount, which has not yet been released as per the requisition received from the Ranchi University, within three weeks from the date of this order, to the Ranchi University The concerned authorities of the Respondent-State Government in the Department concerned shall ensure compliance of this order by the next date. In the event, the compliance of the order is not made by the next date, then the concerned officers of the Respondent-State Government shall have to appear in person before this Court on the next date-and answer as to why appropriate action be not taken against them for non-compliance of the order. 9. Let this case be posted on Wednesday of the 04th week from today under the same heading. 10. Let a copy of this order be given to the learned Counsel for the Respondent-State as also to the Respondent-University.