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2014 DIGILAW 32 (PAT)

Surya Narayan Prasad Yadav v. State of Bihar

2014-01-08

MIHIR KUMAR JHA

body2014
ORDER Heard learned Counsel for the parties. 2. All these four writ applications, at the instance of the petitioners who are employees of a private institutions involve the same issue and are being disposed of by this common order. 3. The case of the petitioners in nutshell is that even though their institutions have become aided institution, the fund being released by the government is not being properly utilized by the Managing Committee/Governing Body and in fact the petitioners, despite being eligible for payment of salary from such funds, are being denied the same due to arbitrary and corrupt practices being adopted by the Governing Body/Managing Committee. 4. On an earlier occasion, this Court had passed an order on 16.12.2013 in CWJC No. 21605 of 2012, relevant portion whereof reads as follows: – “The issue in hand would require some serious consideration at the top level in the Education Department because large amount of government fund is being now distributed by way of aid and assistance to the private colleges, both at the intermediate level and graduate level. There is, however, no mechanism by which the government can ensure that the amount which was released by it has gone in the hands of the proper teachers. This Court would, accordingly, direct the Principal A.A.G. as also the G.P.-17 to discuss this issue with the Principal Secretary of the Education Department and come out with a clear affidavit as to how the government intends to control and regulate the grant of fund to the private institutions for payment of salary to its teachers” 5. Today, a stand has been taken by the learned counsel for the State that now the Government in order to remove the grievance of the aggrieved persons of such private institution has constituted a Tribunal vide Notification No. 7/foñ 3-80/2011/1880 dated 20.12.2013 wherein such Tribunal has been vested with power to examine such issue which have been raised by the petitioners as with regard to their salary from the aid being given by the State Government. 6. In view of the aforesaid development and the constitution of the Tribunal, these writ applications are disposed of with a liberty to the petitioners to approach the competent Tribunal and if the petitioners do so, the Tribunal must take its decision expeditiously but, only after hearing the concerned authorities including the Governing Body/Managing Committee. 7. 6. In view of the aforesaid development and the constitution of the Tribunal, these writ applications are disposed of with a liberty to the petitioners to approach the competent Tribunal and if the petitioners do so, the Tribunal must take its decision expeditiously but, only after hearing the concerned authorities including the Governing Body/Managing Committee. 7. With the aforementioned observations and direction, all these writ applications are disposed of.