- (1.) THIS appeal has been preferred by the appellant -State of Jharkhand against the order dated 11.12.2009 passed by the learned Single Judge in C.W.J.C. No. 2038 of 2000 (R), by which a direction had been issued to the respondent -State/ appellant -herein to take appropriate steps to arrange and release the funds as per the requisition received from the concerned university for enabling it to pay the due arrears, which have not been paid to the teaching and non -teaching staff of the S.S.J.S.N. College, Garhwa.
(2.) THE background of the matter under which this appeal arises is that the dispute had earlier arisen between the teaching and non -teaching staff of the colleges in the State of Jharkhand, which travelled up to the Supreme Court, and the Supreme Court finally appointed a committee of a retired Judge of the Supreme Court, Hon'ble Justice S.C. Agarwal to examine the eligibility of the teachers who were claiming absorption and also receive the payment since the appellant -State is liable to make payment to the teaching and non -teaching staff. However, the appellant -State did not make the payment to the teachers, which prompted some of the affected teachers like the respondents -herein to file a writ petition before the learned Single Judge bearing C.W.J.C. No. 2038 of 2000(R) out of which this appeal arises, and the learned Single Judge merely directed that the payment be released in pursuance to the requisition made by the university. However, this was by virtue of an interim order passed in the aforementioned writ petition vide I.A. No. 3316 of 2009 passed by the learned Single Judge on 11.12.2009, but the writ petition is still pending.
(3.) WE fail to understand the purpose of this appeal as the question regarding the eligibility for receiving the payment to the teaching and non -teaching staff of colleges including the S.S.J.S.N. College, Garhwa has already been settled and hence their eligibility is not in doubt in view of the order passed by the Committee of Justice S.C. Agarwal. However, the Sr. Standing Counsel -II, Mr. A. Allam, representing the respondent -State submitted that the eligibility of the teaching and non -teaching staff of the constituent colleges, requires a fresh consideration, and unless this is done, the learned Single Judge ought not to have directed to release the payment on requisition by the university.;