GANESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) An application was filed by the petitioners for initiating a proceeding of contempt against the Vice-Chancel lor, Jai Prakash University, Chapra, the Registrar, Jai Prakash University, Chapra, Principal-cum-Professor Incharge, Gopeshwar College Hathwa, Distt. Gopalganj and Secretary- cum-Commissioner, Department of Higher Education, Government of Bihar, New Secretariat, Patna, since they violated the direction issued by the High Court in order dated 3.2.2008 passed in CWJC No. 1584 of 2007 (Ganesh Ram anr. Vs. Jai Prakash University, Chapara & ors.).

(2.) The writ application filed by the petitioners for payment of arrears of salary, pension, pensionary benefits and other dues admissible in law, was disposed off by order dated 3.2.2008, along with other analogous cases. The direction in the writ application was to the Vice-Chancel lor, the Registrar and Finance Officer of the University to consider the representation of the petitioners, in view of the decision 2006(4) PLJR 369 as well as different statutory provisions applicable in the case of the petitioners, to pay all admitted dues to the petitioners within three months from the date of filing of the representation by them. In case of any disputed facts, the direction was issued to dispose of representation assigning reason for the same. A direction had also been issued to the State Government to release necessary funds to the concerned University; in case requisition for making payment is submitted, giving details of the amount. Petitioners' case is that they sent their representations through registered post dated 12.5.2008 but the Opposite parties are not eager to comply the direction of this Court. Petitioners have not been paid their pension, due to whicli the petitioners are on the verge of starvation.

(3.) Before dealing with the show cause filed by the Opposite parties-contemnors, it is desirable that the background, giving a cause to the petitioners for filing contempt application, with a prayer to initiate a proceeding of contempt, be discussed.