S.J.MUKHOPADHAYA, J. - (1.) ALL these contempt cases arise out of one or other order passed by this Court relating to payment of salary to teaching and non -teaching employees of 4th phase taken over colleges.
(2.) AT the outset, it may be mentioned that almost similar question is pending consideration before the Supreme Court in the case of State of Bihar and Ors. v. Bihar Rajya M.S.E.S.K.K. Mahasangh, wherein certain interim order passed by the Supreme Court while referred the matter to Hon 'ble Mr. Justice S.C. Agarwal (Retired Supreme Court Judge) to enquire into the legality and propriety of appointment of one or other teaching and non -teaching employees, reported in 2002 (1) PLJR 85 (SC) . In one of the cases, namely, Shlv Kumar Prasad v. State of Jharkhand, reported in wherein the question relating to payment of salary was raised. The Court in the said case observed that there are two issues required to be determined before giving any finding whether one or other employee is entitled for salary or not, as per interim order of the Supreme Court in Civil Appeal No. 6098 of 1997 (Refer 2002 (1) PLJR 85 SC) namely : (a) Whether the appointments of petitioners are legal and were made after following the procedure for appointment as laid down under the Bihar Universities Act, 1976 or not; and Equivalent Citation:2004 -LLJ -1 -534 (b) Whether the petitioners were actually appointed prior to the date the colleges were made constituent for grant of relief as per interim order of the Supreme Court aforesaid or not.
(3.) THE Court held that the first issue relating to legality and propriety of appointment of teaching and non -teaching employees of 4th Phase Colleges cannot be looked into as the matter is pending before the Hon 'ble Mr. Justice S.C. Agrawal Commission having referred by the Supreme Court.;