IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10963 of 2008 Ash Narain Pandey , Son of Sri Deo Krit Pandey, R/O Village- Bara Chakia, P.S. Chakia, District-East Champaran -----Petitioner Versus 1. The State Of Bihar through Secretary, Higher Education,Bihar,Patna 2. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 3. Registrar, B.R.A. Bihar University, Muzaffarpur 4. Finance Controller, B.R.A.Bihar University, Muzaffarpur 5. Finance Officer, B.R.A. Bihar University, Muzaffarpur ---------------------------------- Respondents ---------------------------------- 11 04-11-2011 Heard Sri S.Parasmani, learned counsel for the petitioner, Smt. Vandana Singh, learned A.C. to Standing Counsel no.25 , who appears on behalf of the Respondent/State and Sri Harendra Kumar Tiwary, learned counsel appearing on behalf Respondent nos. 2 to 5/ B.R. A. Bihar University, Muzaffarpur. The petitioner, who retired long back on 30.06.2005 as Reader, Department of Economics from S.R.A.P. College, Bara Chakia, East Champaran, had approached this Court by filing the present writ petition in the year 2008 for directing the Respondents to make payment of all his retiral dues. In this case, earlier a counter affidavit was filed on behalf of Respondent/University. The Respondent University has virtually not disputed the claim of the petitioner, but a plea was taken that the University had sent the requisition to the State Government for allocation of fund. The affidavit on behalf of the University was filed in the year 2008. Learned counsel for the University has made a prayer to adjourn the case for filing further counter affidavit. The Court is of 2 the opinion that since the retiral dues of the petitioner was not disputed by the University in its counter affidavit filed in the year 2008 , on the plea of filing further counter affidavit, the matter cannot be kept in abeyance for indefinite period. Fact remains that the petitioner retired in the year 2005 and it has been asserted by learned counsel for the petitioner that till date retiral dues of the petitioner have not been cleared by the University. Keeping in view the facts and circumstances, particularly the affidavit filed by the University in the year 2008, the Court is of the opinion that the writ petition is fit to be allowed with a direction to the Respondents, particularly Respondent nos.2 and 3 i.e. Vice- Chancellor and Registrar of the B.R.A.Bihar University respectively to take all steps to clear all the retiral dues of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. The writ petition stands allowed. NKS/- ( Rakesh Kumar, J.)