Harish Kumar, J.—Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner, Mr. Prabhakar Jha, learned counsel for the State and Mr. Ritesh Kumar, learned counsel for the T.M., Bhagalpur University.

2. The petitioner, hapless widow of the erstwhile employee who attained the age of his superannuation on 31.03.2016 and subsequently died on 12.11.2018, has invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution, seeking a direction upon the respondents concerned to sanction and pay all the post retiral benefits of her late husband along with other dues after supplying the details of calculation in relation to the said claims to the petitioner in advance. The petitioner also sought a direction upon the respondents to sanction and grant family pension to the petitioner w.e.f. 13.11.2018 and to ensure payment of arrears of family pension till the respondents concerned starts making payment to the petitioner’s family pension. The petitioner also seeks a direction to make payment of arrears of salary claim of petitioner’s husband, which has been withheld by the respondent-University from May, 2013 in terms of the order dated 21.04.2010 passed in CWJC No. 78 of 2006 duly affirmed by the learned Division Bench of this Court in LPA No. 1324 of 2010.

3. During the pendency of the present writ petition, the petitioner preferred an interlocutory application bearing I.A. No. 1 of 2020 with additional prayer, inter alia, seeking quashing of the reasoned order passed by respondent no.7 as contained in Memo No. 1801 dated 18.10.2019, which order is said to be in the teeth of the order dated 12.10.2004 passed by the Hon’ble Apex Court in Civil Appeal No. 6098 of 1997, apart from being contemptuous. The petitioner also sought a declaration that in view of the statutory provisions as contained in Section 4(1)(14) of the Bihar State Universities Act, 1976 which has been explained by the Hon’ble Apex Court in paragraphs no. 26, 29, 52 and 53 in its order dated 12.10.2004, reported in (2005) 9 SCC 129, the authorities of the State Government of Bihar has had no authority/jurisdiction to interfere into the matter of absorption of the Teaching and Non- Teaching Employees of a taken over College.

4. The relevant facts, which led to the filing of the present writ petition are that the husband of the petitioner was duly appointed to the post of Office Assistant in the pay-scale of Rs. 220-815 vide letter no. 96 of 1980 dated 08.10.1980. It is asserted that the appointment of the petitioner’s husband was consequent upon following due procedure of selection by the competent authority under the decision of the Governing Body of the erstwhile Bhagalpur Evening College, Bhagalpur (now known as Bhagalpur National College, Bhagalpur). Pursuant to the issuance of the appointment letter, the husband of the petitioner tendered his joining in the College on 08.10.1980 against the post of Library Assistant. Subsequent thereto, the College in question, came to be taken over by the respondent-University w.e.f. 05.04.1982. Consequent whereupon, 13 Class- III employees and 9 Class-IV employees of the College had been absorbed and many others including the husband of the petitioner were left over and the University started making payment of their salary as daily wagers; thereafter ad-hoc employees. In the meanwhile, the Association of Non-Teaching Employees of the College, who had been regularly agitating the claim of absorption for its left over member and finally in compliance with the order dated 01.10.1997 passed in CWJC No. 7814 of 1997, the Government of Bihar vide its letter no. 172 dated 16.05.1999 had sanctioned additional 66 Class-III and Class-IV post for the college and accordingly, the services of the husband of the petitioner and others had been absorbed by the respondent-University.

5. Further, in compliance with the order of the Hon’ble Court in MJC No. 1538 of 2002 and subsequent order passed in MJC No. 1169 of