IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2466 of 2003 Ram Kishore Prasad Sharma, S/o Late Rup Narayan Singh, R/o Barbigha(behind Punjab National Bank), P.S.-Barbigha, District- Shekhpura. ……….. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of High Education, Government of Bihar, Patna. 2. Tilka Manjhi Bhagalpur University, Bhagalpur. 3. Vide Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. Director of Higher Education, Department of Higher Education, Government of Bihar, Patna. 5. Principal, S.K.R. College, Barbigha, District-Shekhpura. ……… Respondents. ----------- 3. 26-07-2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows: 1. That this is an application for issuance of writ of mandamus or any other appropriate writ directing the respondent University to pay the dues of the petitioner which were admittedly payable to him towards his salary but was not paid during his employment there on the plea of dearth of fund. The admitted dues as principal amount accrued on account of short payments of salaries is Rs. 91,666.00 and the interest @ 12% per annum accrued there upon is Rs. 2,48,094.00. The total amount thus payable to the petitioner is Rs. 3.17,928.00 for payment of which the petitioner prays for direction from this Hon’ble Court to the respondent University. The dues (Principal portion only) although admittedly payable to the petitioner but has not been paid on the plea of dearth of fund.” Counsel for the petitioner would submit that the 2 petitioner’s claim as raised in this writ application is an admitted claim. Counsel for the University on the basis of limited instruction received by him, would submit that whatever claim was admitted by the University had already crystalised and the first installment thereof has also been paid to the petitioner. Counsel for the University however, is not in a position to say with regard to payment of arrears of amount and would submit that if any further amount was payable and has not been paid as yet, the same will be paid to the petitioner along with the similarly situated persons. Recording such statement of the counsel for the University, this application is disposed of. Sujit (Mihir Kumar Jha,J)