JUDGEMENT
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(1.)IN this writ petition, prayer is to command the Respondents to take action for payment of arrears of salary for the period April, 2000 till date to the employees working in Bihar Inter University Board and further to direct the Respondents to release the salary and other emoluments regularly by 25th day of every month.
(2.)A counter affidavit has been filed on behalf of the Respondent Bihar Inter University Board, in which the claim of the petitioner is not disputed. However, it is stated that the Board, as a matter of fact, has no internal resources and it has to depend upon the State Government for financial grant and the moment the fund is released by the State Government, the payment will be made to the employees without any delay.
A counter affidavit has been filed on behalf of the State also in which it is stated that the Board is not a fullfledged Government Department, but an autonomous body and the payment of salary to its employees through Secretariat Treasury is not legally possible because the payment to the employees of the Board is made through the grant sanctioned by the State Government. In paragraph 9, however, it is stated that the process of sanctioning of grant of sanction of 19 lacs rupees for this financial year 2000 -2001 is getting completed and the Department would release the grant. It is also stated that if the Board would need more fund for salary, the Government Department shall examine the genuineness of the claim and take steps for sanction of release of further grant accordingly.
(3.)LEARNED counsel for the petitioner has submitted that the petitioner is employee of the Board, which is an autonomous body and the entire liability is of the Board to pay the salary and other dues. It is submitted that it has become regular feature that the salary is not paid in time every month. Under such circumstances, it is a fit case for grant of relief as prayed for.
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