SHYAMA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard counsel for the Appellants, State and for the Respondent University.

(2.) The present Appeal arises from order dated 21.1.2013 dismissing CWJC No. 1267of 2009. The Learned Single Judge held that the claim of the Appellants for "additional funds to enable payment to them" since 28.8.1981 under State government circular dated 23.2.1978 was barred by gross unexplained delay and laches of approximately thirty years in a writ petition filed in the year 2009.

(3.) Learned Senior Counsel for the Appellants submitted that they were appointed as lecturers in Phool Devi Kushishwar Jha Degree College, Bachaspati Nagar, Madhubani, within the staffing pattern. The college was granted affiliation by the State government on 19.3.1981. They have been working on the first posts duly created by State government letter dated 28.8.1981. The State government had issued circular dated 23.2.1978 containing the policy for grant of deficit funds that the College was not able to garner for payment of salary from admission fee, tuition fee and fine collected from the students. The Principal of the college sent proposal to the University for grant of deficit funds on 27.2.1988. The matter has been pursued regularly but with no response. The University on 25.7.2012 had forwarded the claims of the Appellants for consideration to the State government. The Appellants have been subjected to hostile discrimination as other colleges similarly situated have been given deficit funds. Directions may be issued to the State government for considering the recommendation of the University for release of deficit grant.