IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7794 of 2007 Dr.Ambrish Kumar Jha, son of Sri Kamlakant Jha, resident of Mohalla- Kabilpur, P.S. Bahadurpur, District- Darbhanga, at present posted as Lecturer in Economics in M.L.S.M. College, Darbhanga …. Petitioner Versus 1.The State Of Bihar 2.Secretary, Department of Higher Education, Government of Bihar, Patna 3.Lalit Narayan Mithila University, through its Registrar, Kameshwar Nagar, Darbhanga 4.Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5.Finance Officer, L.N.Mithila University, Kameshwar Nagar, Darbhanga …….. Respondents ----------- 2. 15/09/2009 Petitioner has filed this writ petition for direction to the respondents to pay the remaining arrears of his salary, details of which have been furnishing in paragraph-I of the writ application. Learned counsel for the petitioner submits that the college has already forwarded the details of the arrears of the petitioner vide annexure-3. He submits that petitioner is a teaching staff of the college and he has been found eligible by the Agarwal Commission for his regularization which has been approved by the Apex Court. Therefore, the petitioner is entitled for formal order for payment of his salary etc. Since his services have already been absorbed now by the University, he is entitled - 2 - for arrears of his salary as per the finding and observation made in the Agarwal Commission Report. The writ application was filed on 5.7.2007. However, in spite of passage of more than two years, nothing has come on records of this case, by way of counter affidavit or otherwise, to show that the claim of the petitioner has been considered and/or denied by the competent authority or has even been considered. Learned counsel for the respondents is also not in a position to contend that the claim of the petitioner for salary, arrears as well as current, is in active consideration or has been considered and disposed of by the competent authority by now in any manner. In the circumstances, in view of delay caused in the case, this court has no option but to dispose of this writ application with the following directions: 1. Petitioner must file a fresh copy of representation (annexed as Annexures-4 and 5 with the writ application) or a fresh representation before respondent no.4, Vice Chancellor, Lalit Narayan Miiithila University, Kameshwar Nagar, Darbhanga within one month from - 3 - today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraph and must accompany documents connected with his service history and other documents/circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. 3. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the - 4 - date of receipt of reference from the concerned respondent. 4. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 5. After calculating the arrears of the petitioner and the amount which became due to him, if the University feels that due to paucity of fund it cannot release the amount to the petitioner, it shall make specific requisition for the amount in respect of particular dues of the petitioner from the State Government within the same period and upon receipt of such requisition, the State Government authorities of the Department of - 5 - Higher Education shall scrutinize the same and shall release the amount which is found admissible as arrears to the petitioner within one month thereafter. 6. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 7. The said final order must be served upon/communicated to the petitioner within the said three moths and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioner on merits which shall be considered and decided by the respondent within the time fixed as above and strictly in accordance with law. Pradeep/ (J. N. Singh, J.)