JUDGEMENT
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(1.)THIS M.J.C. application has been filed by the petitioners, who are
retired teachers of the Patna University alleging intentional violation
of the order dated 14.8.95 passed in the connected writ case bearing
C.W.J.C. No. 7965 of 1993 by the authorities of the State as well as of
the Patna University.
(2.)EARLIER , when the matter was taken up on 24th July, 1996, learned Counsel for the State submitted that an amount of Rs.
2,13,90,000/ - was released for payment of retiral dues of the employees of the Patna University vide letter no. 1424 dated 9.9.1995. As regards
the remaining amount, it was stated by the learned S.C. 7 that the same
was not released by the State Government as the University had not
furnished the utilisation certificate as the Government wanted from them
to submit in respect of the utilisation of the aforesaid money released
to the University. However, when it was noticed by this Court that there
was no such condition for the release of the aforesaid amount, as
mentioned in the order dated 14.8.95, the learned S.C. 7 prayed for an
adjournment and accordingly, this matter has been heard today.
(3.)A supplementary affidavit has been filed today on behalf of the Secretary, Department of Higher Education, Government of Bihar (O. P
No.4) in which it is stated that the State Government has released the
balance amount of Rs. 9,78,09,574/ - vide letter no 1395 dated 30th July,
1996. for payment of the retirement benefits of teaching and non -teaching employees of the University, a copy of the said letter, which has been
annexed as Annexure -D to the supplementary affidavit is addressed to the
Accountant General. Bihar for issuance of the necessary authority letter.
Mr. Mukherjee, learned senior Counsel appearing for the University submitted that it took almost one year to release the entire
amount to the University in the light of the order of this Court, passed
in the connected writ case, though it was stated by the learned Advocate
General that the same would be released in course of the month, in which
the order was passed by this Court. Mr. Mukherjee has expressed
apprehension that even now one does not know as to how much time the
Accountant General, Bihar will take for issuing the authority letter
pursuant to the said sanction order.
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