IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8373 of 2002 DR.PARASHURAM SINGH, son of Late Shri Krishna Singh, a resident of Chougain Bhawan, Tilaknagar, Katira, P.S.-Arrah Nawadah, District- Bhojpur. Versus 1. THE VEER KUER SINGH UNIVERSITY through its Registrar having office at Arrah (Katira), P.S.-Arrah Nawada, District-Bhojpur. 2. The Vice Chancellor, Veer Kuer Singh University having office Arrah (Katira), S. Arrah Nawada District-Bhojpur. 3. The Finance Officer, Veer Kuer Singh University Arrah (Katira) P.S.- Arrah Nawada, District-Bhojpur. 4. The Principal, Maharaja College, Arrah District-Bhojpur. ----------- 5 28/6/2010 Heard Mr. A.B.Ojha, learned counsel for the petitioner and Mr. Vinoy Kirti Singh, learned counsel for the Veer Kuer Singh University. In this writ application prayer of the petitioner reads as follows:- “That this is an application for issuance of a writ of mandamus against the Respondents to pay Rs. 255368/- as arrear of salary on account of promotion of the petitioner w.e.f. 1.2.1985 as per statement submitted by the office of Maharaja College, Arrah.” With reference to the aforementioned prayer Mr. Ojha would draw attention of this Court towards the order dated 27.10.1997 in C.W.,J.C. No.587 of 1997 as also the another order passed by this Court dated 7.8.2000 in C.W.J.C. NO.1289 of 2000 to contend that despite clear direction of this Court to make payment of promotional benefit to the petitioner on the post of University Professor including salary of the same has not been paid as yet. He would also in this regard refer to the order of this Court dated 21.5.2010 which reads as follows:- “It appears that inspite of specific orders of this Court in the earlier writ application of the petitioner and orders passed in his favour in the contempt application, 2 the University has not paid the admitted arrears of the petitioner and have filed counter affidavit which is to no effect. In the circumstances, if the admitted dues of the petitioner are not released by 28th of June, 2010 the Registrar of the University shall be personally present in Court. Let this case be listed on 28th of June, 2010 within first five cases for admission.” Today in the first half when the case was called out the Registrar of the University was not present, nor Mr. Singh on behalf of the University was aware as to the present status of the payment as claimed by the petitioner in this writ application. This Court accordingly had adjourned the matter for its being taken up in second half and the Registrar has now appeared before this Court. Registrar informs that payment of D.A. and Difference D.A. as a consequence of revision of pay scale in terms of U.G.C. guidelines as accepted by the State Government and implemented in the University has been confined to all the teaching employees of the University only to the tune of 45% and the government is releasing only such amount while is being disbursed by the University on pro rata basis. The Registrar of the University has therefore taken a plea that University of its own is not in a position to pay the entire amount as claimed by the petitioner in this writ application. The University had already filed a counter affidavit way back on 24.10.2003 and paragraph nos. 3,4 and 5 being relevant are quoted hereinbelow:- “That it is relevant to mention here that the petitioner in paragraph no.1 of the writ petition has claimed for payment of a sum of Rs. 2,55,308/- only whereas after 3 thoroughly examining the payable dues of the petitioner, the University has come to the conclusion that he is entitled for payment of Rs., 2,62,311.80. That after examining the arrears claim of the petitioner, the University vide letter no.179/GC/03 dated 11.3.2005 has made requisition to the Secretary, Higher Education Department, Government of Bihar, Patna for release of a sum of Rs.2,62,311.80 in favour of the University so that the arrears of the petitioner on different heads may be paid to him. That the petitioner will be paid his arrears of amount on different heads as soon as the amount as requisitioned vide letter dated 11.3.2003 (Annexure A) is received by the University.” From reading of the aforementioned stand of the University which has not been controverted by the petitioner by filing any rejoinder affidavit, a picture would emerge that though the University has admitted the claim of the petitioner but a plea has been taken by the University that the same is not being paid due to lack of fund. Normally, in absence of any direction by this Court, the case of the petitioner had to be dealt by the University with in the same manner as of the other person receiving payment of arrears on pro rata basis on the basis of release of fund for clearing the U.G.C. scale, but then the Registrar of the University having realized that the order of this Court in the case of the petitioner being an inter parte order, he cannot take an excuse for non release of fund for not making payment at least in the case of the petitioner as that by itself may to committing contempt of this Court . In the opinion of this Court, such approach of the Registrar is correct because had the University been aggrieved by the earlier order of this Court it had to go in appeal, but once an 4 inter parte order has become final, the same has to be implemented by the University. That being so, the Registrar of the University Mr. Brajesh kumar gives an undertaking to pay the amount as claimed by the petitioner in this writ application as also admitted in paragraph 3 of the counter affidavit within a period of two weeks from today. At this stage, Mr. Ojha would get up to press claim of damage/interest of non compliance of order of this Court. This Court would regretfully reject such prayer of the petitioner considering that it is not the fault of the University that it could not make payment earlier, inasmuch as, University for making such payment has to remain solely dependant on release of funds from the State Government. That being so, as the Registrar of the University has given an undertaking to pay the amount within a period of two weeks from today, the same must be honoured and compliance report must be filed by the Registrar of the University in the Registry of this Court on expiry of the said period. With the aforementioned observation/direction this application is disposed of. The personal appearance of Mr. Brajesh Kumar, Registrar of the University is also dispensed with. Abhay Kumar ( Mihir Kumar Jha, J.)