IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12645 of 2004 Prof. (Dr.)Kewal Prasad Sinha, Son of late Rudal Prasad Mandal, Resident of Taralahi, P.S. Bahadurpur, District Darbhanga at present residing in Mohalla Abhanda, P.O. & P.S. Laheriasarai, District Darbhanga. ------- Petitioner Versus 1. The State of Bihar. 2. L.N. Mithila University through Vice Chancellor of the University, Kameshwar Nagar, P.S. L.M.N.U., Darbhanga. 3. Registrar of L.N. Mithila University, Darbhanga. 4. Finance Officer, L.N. Mithila University, Darbhanga. -------- Respondents ----------- 7 16.08.2010 Heard learned counsel for the parties. The following prayer of the petitioner in this writ application:- “1. That this is an application under the writ jurisdiction of the Hon’ble Court is directed for issuance of writ, order/orders or direction in the nature of Mandamus directing the respondents no. 2 to 4 pay the arrears of salary, D.A. difference of U.G.C. Pay scale, house rent, medical allowance as well as interim relief amounting to Rs. 4,73,345- 26 as well as an amount of Rs. 1,03,560/- which was deducted from the pay of the petitioner but not deposited in the P.F. account of the petitioner for 31 months totaling Rs. 5,30,913-26 which the respondent no.2 to 4 have failed 2 to pay inspite of repeated request which is illegal, arbitrary and without jurisdiction.” stands answered in paragraphs nos. 3 to 7 of the counter affidavit filed by the respondent University, which reads as follows:- “3. That the petitioner has filed the instant writ application for directing the respondent university to pay the arrears of salary, D.A., U.G.C. Pay Scale and other allowance to the petitioner who retired on 31/1/2000. 4. That the claim of the petitioner towards his arrears of salary for the service period was examined by the University and a sum of Rs. 4,09,116/- was found due/payable. Accordingly a letter bearing No. 6093/05 dated 2/5/2005 was written by the Registrar, L.N.M. University to the Deputy Secretary, Human Resources Department (Higher Education) Govt. of Bihar, requesting him to make available the said amount for payment to the petitioner. 5. That the requisition sent by the University was got examined by the State Government by its senior Accountants. A letter dated 17.2.2006 was written by the Director Higher Education, Government of Bihar to the Registrar, L.N.M.U. University stating that after examination at 3 its level a sum of Rs. 3,67,029/- was found payable to the petitioner and the said amount was being disbursed. 6. That on receipt of the allotment of the sum of Rs. 3,67,029/-, after deduction of Rs. 60,000/- by way of Tax deduction at source (T.D.S.), a letter dated 27.3.2006 was written by the finance officer to the Central Bank of India, requesting that the account of the petitioner be credited with the sum of Rs. 3,07,029/-. 7. That it is respectfully submitted that the claim of the petitioner has been settled by the University and as a result the writ application may kindly be disposed off.” Counsel for the petitioner, having not filed any rejoinder thereto, will have little option but to accept that whatever due amount was payable to the petitioner, for which a grievance was made by him in this writ application, stands redressed. That being so, this application has become infrctuous and is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)