IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14763 of 2007 Jagdish Lal Karn, S/o late Vishnu Dutt Das, Resident of Mohalla Kalam Bagh Road, P.s. Kazimohammadpur, District Muzaffarpur. --------- Petitioner Versus 1. The State Of Bihar through Secretary, Higher Education, Bihar, Patna. 2. B.R.A., Bihar University, Muzaffarpur, District Muzaffarpur through its Registrar. 3. The Vice Chancellor, B.R.A., Bihar University, Muzaffarpur. ---------- Respondents ----------- 2 30.07.2010 Heard learned counsel for the petitioner and counsel for the University. Though the petitioner in this writ application has raised a stale claim, inasmuch as, he had retired on 31.5.1999 and had come out with the following relief:- “1(i) For issuance of a writ in the nature of Mandamus or any other appropriate order or direction directing the Respondents to grant the scale of Rs. 4500-7300 to the Petitioner from 1.1.86 in place of the pay scale of 3700-5700 as it was given to other Readers of the B.R.A., Bihar University Muzaffarpurr and to pay the difference of arrears of salary with interest to the petitioner.” by filing this writ application on 20.11.2007 but then keeping into account that such 2 continuing claim of the petitioner still survives for adjudication, this Court, in the first instance, would direct the Vice Chancellor of the Bihar University to look into this aspect of the matter and at least pay the amount which was paid to any of the junior to the petitioner or a person who was appointed on the same date as of the petitioner. However, the payment will only be made in respect of the amount which was paid to the junior to the petitioner or to the person appointed with the petitioner on the same date. Let it be made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner and therefore, it would be open for the Vice Chancellor of the University to pass his own independent order strictly in accordance with law. This exercise, however, must be completed by the Vice Chancellor of the University within a period of six months from the date of receipt/production of a copy of this order and consequential payment, if any, found payable by the University, must also be 3 paid to the petitioner in next two months. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)