IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6564 of 2009 ATIQUN NISA Versus THE STATE OF BIHAR & ORS ----------- 3 19.3.2010 Heard counsel for the petitioner and the counsel appearing for L.N.Mithila University, Darbhanga. Petitioner is the widow of late Md. Akhtar, who was working as Night Guard in Millat College Laheria Sarai, Darbhanga. Petitioner’s husband was appointed on the sanctioned post of Night Guard in the year 1972 and continued on the post till the date of his death. While in service, the husband of the petitioner was forced to superannuate on account of wrong entry in his service book by the Respondents. Subsequently it was contested by the 2 petitioner’s husband and finally the Medical Board assessed the correct age of petitioner’s husband. Considering the opinion of the Medical Board, Md. Akhtar was allowed to rejoin his service on which he continued till 15.5.2000 i.e. the date when he died. Petitioner’s grievance is that arrears of salary for the period December, 1998 to Junuary,2000 remained unpaid till the date of her husband’s death. After her husband’s death, on several occasions, petitioner represented before the respondent, but nothing was done and finally she came before this Court for a direction to the respondents for making payment of arrears of salary. The period for which the salary has remained unpaid is the 3 period during rejoining and the death of the husband of the petitioner. Writ application was filed by the petitioner in the year 2009. Till date no counter affidavit has been filed on behalf of the University. Considering the fact that the petitioner is a widow and must be in need of money, this application is being disposed off giving direction to the Vice Chancellor, L.N.Mithila University and the Registrar of the University to make payment of entire arrears due salary to the petitioner within six weeks from the date of production/communication of this order. The direction is being issued considering the fact that the petitioner’s husband was wrongly retired on 4 30.11.1998 but subsequently joined on the post considering the opinion of the Medical Board and after his joining he continued till the date of his death in the year 2000. The respondent authorities of the University are further directed to make payment of statutory interest at the rate of 6% on the amount due to the petitioner. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar