IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14301 of 2002 DR. RAM KISHORE SINHA @ RAM KIshore Sinha son of Late Ramadhar Sinha, University Professor (Retd.) Post Graduate department of History, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, presently residing at Ashirvad Mansion, F-3/12 Purnendu Nagar, Khagaul Road, South of Khojal Imali Manzar, P O. Fulwarisharif Patna-5, District Patna. … Petitioner. Versus 1. LALIT NARAYAN MITHILA UNIVERSIty, Kameshwar Nagar, Darbhanga through its Vice- Chancellor, 2. The Vice- Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 3. The registrar, L. N. M. University, Kameshwar Nagar, Darbhanga. 4. The finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 5. The Accounts Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 6. The State of Bihar through Secretary, Higher Education, Bihar, Patna. .. respondents. 3. 01.07.2010 Heard counsel for the petitioner and counsel for the University. The prayer of the petitioner is confined to payment of certain amount of retirement benefit as also arrears of salary. Counsel for the petitioner in this respect would draw attention of this Court to paragraph 5 of the writ petition which reads as follows; “5. That the dues of the petitioner which has not been paid by the respondents are as follows:- (i) P.F own contribution P.F. Loan recovery and D. A.( P.F. ) From 1993 to June 1996. (deducted from the monthly salary but not deposited in the P.F. account of the petitioner) Rs.1,20,590 2 ii) Arrear of salary due indifferent heads from 1985-86 to 1989-99 (due to implementation of University Grant Commission salary of the University professor was enhanced.) Rs.3,16, 528. 30 iii) Interim Relief from June 1983 to December 1985 Rs.4, 8, 64-00 iv) arrear of salary in different heads from 1.2.85 to 31.12.85… (due to promotion of University professor) Rs. 6,130-00 Total Rs.4,48,112-00 Learned counsel for the petitioner in fact would submit that subsequently during the pendency of this writ petition when the State Government and the University have also decided to give UGC pay-scale to the teachers, the petitioner who had retired on 31.1.1999 would also become entitled for the financial benefits of such UGC Pay scale. He informs this court that as a matter of fact, the salary of the petitioner in the UGC pay scale has been fixed and now only the actual payment of arrears of salary and/or retirement benefit has to be made in the revised pay-scale. 3 In this case, the period of almost eight years has not been sufficient for the University to file its counter affidavit. It is not an exception only in this case rather it has become the usual practice of the Lalit Narayan Mithila University of not filing its counter affidavit in majority of its cases pending in this court. In any event, Mr. Parsharathi, learned counsel for the University would frankly admit that his best of the effort did not yield any fruitful result. That being so, the University itself must decide the aforesaid claims of the petitioner within a period of three months from the date of receipt/ production of a copy of this order. In order to expedite the petitioner is given a liberty to file a self-contained representation with full details of his claim of arrears of salary and retirement benefit and the Vice Chancellor of the University on receipt of such representation of the petitioner will be under obligation to dispose of the same by a speaking order and also direct for payment of admitted amount within next three months along with the statutory interest on the balance amount of provident fund. 4 Let it be however noted that this court has not gone into the merit of the claims of the petitioner and has simply remitted the matter back to the Vice Chancellor of the University for his final decision. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)