- (1.) IN pursuance of the order dated 30th April, 2012, Registrar, Ranchi University and Principal, Gossner College, Ranchi along with their Advocates are present in Court.
(2.) LEARNED counsel for the College has submitted that to give relief to the petitioners, the College itself was giving the monetary benefit to them from their own fund, inspite of the fact that fund was not sanctioned and released by the State. Learned counsel for the University submitted that the matters came from the State to verify the factual position and in respect of entitlement of the contempt petitioners for the amount as claimed by them. Learned counsel counsel the State submitted that initially the State was not liable to pay the amount in question as has been noticed in the judgment of the writ petition (CWJC No. 3495 of 1992[R] )in paragraph 5. However, now the matter has been finally decided by the State Government by passing final order on 10th May, 2012.
(3.) LEARNED counsel for the petitioners vehemently disputed the stand of the respondents and submitted that the amount of more than Rs.82.00 lacs was recommended by the College for sanction which was duly forwarded by the University to the State Government and it was approved by the State Government and now in counter, which has been filed on 14th May, 2012, a different stand has been taken by the respondents. Be that as it may, first grave situation is that in a matter where the order was passed by the learned Single Judge of this Court as back as on 20th August, 1999, now the stand of the College is that they have paid the full amount to the petitioners and the petitioners' contention is that the College itself recommended for sanction from the State for about more than Rs.82.00 lacs and on 10th May, 2012 the State has passed the order, so as to give finality to the dispute between the parties. The fact speaks loudly with respect to working of two big Organizations and the one mighty State, who are making efforts to implement the order of this Court of the year 1999 by passing an order in the year 2012. We are not concerned whether petitioners got relief on earlier occasion by making full payment or not in the peculiar facts and circumstances and because of the fact that admittedly State has passed the order on 10th May, 2012 to give effect to the order of this Court passed in the writ petition as back as on 20th August, 1999. Therefore, even after attaining the finality to the judgment of this Court in the year 1999, the petitioners might have been kept under false hope if, the entire amount is paid to the petitioners and they were made to suffer because of such type of attitude. These authorities and the State Government officers inspite of the State litigation policy as well as taking interest by the first person of State of Jharkhand, the Hon'ble Governor, such conduct cannot be accepted to be a conduct of befitting person holding the post of such important places.;