IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8492 of 2005 SHIV KALI DEVI, wife of Late Tripati Narayan Singh (T.N. Singh), resident of village and post office-Samra, Police Station-Barbigha, District- Sheikhpura Versus 1. MAGADH UNIVERSITY through its Registrar, Magadh University, Bodh Gaya 2. The Vice Chancellor, Magadh University, Bodh Gaya. 3. The Registrar, Magadh University, Bodh Gaya. 4. The Finance Officer, Magadh University, Bodh Gaya. 5. The Principal Sardar Patel Memorial College, Udantpuri, Biharsarif, Nalanda. ----------- 4 24.02.2010 Heard Mr. Nagendra Kumar Singh learned counsel for the petitioner. There is no representation on behalf of the University. By order dated 17.4.2006 and 22.7.2008 the University was directed to make payment of the entire admissible dues of the petitioner and file counter affidavit. Despite orders of the Court, neither any counter affidavit has been filed nor any representation has been made on behalf of the Magadh University. The petitioner is a widow of late Tripti Narayan Singh who superannuated from the post of Reader in the department of Psychology from Sardar Patel Memorial College, Udantpuri, Bihar Sharif, Nalanda. Some payment of retiral benefits were made to the employee but major - 2 - portion of the amount remains pending leading to the filing of the present writ petition. The petitioner prays for payment of gratuity, leave encashment and amount of arrears under different heads. Learned counsel with reference to statement of arrears placed at Annexure-3 of the writ petition submits that the petitioner was found entitled to a sum of Rs. 2,66,627/- as stated in the tabulation chart. Learned counsel submits that as against the said dues which had been calculated as back as in 2001 the petitioner has received a consolidated sum of Rs. 1,76,028/- without any details . The petitioner is not even aware of the head under which the said payments are made. Unfortunate part is despite the order of this Court, the counter affidavit is yet to be filed. In the circumstances no purpose would be served in keeping the writ petition pending and the same is disposed of with a direction to the Registrar, Magadh University to provide the details of calculations of the heads under which the payment of Rs. 1,76,028/- was made to the petitioner and also consider her claim the - 3 - in the backdrop of the tabulation chart cum the statement of arrears placed at Annexure-1 of the writ petition and which is authenticated by the Principle himself and which shows the dues amount of Rs. 2,66,627/-. Needless to add that in case the petitioner is found entitled to any further amount the same should be paid to her. However, if the amount which has been paid to the petitioner is the correct amount then appropriate reasoned order should be passed explaining the reasons why the said amount is lesser than the statement of arrears shown at Annexure-1, which should be filed by the petitioner together with representation and along with a copy of this order. In either case the final decision should be taken by the Registrar of the University within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of. Bibhash (Jyoti Saran, J. )