IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15600 of 2004 1. Bishnudeo Prasad Yadav, Son of late Bauwan Lal Prasad Yadav, Resident of Vill. Aadharpur, P.S. Samastipur, Distt. Samastipur. 2. Asharfi Ram, Son of late Ramrup Ram, Resident of Vill. Aadharpur, P.S. Samastipur, Distt. Samastipur. 3. Kushmi Devi, daughter of late Lakhan Mahto, Resident of Vill. Harishankarpur Baghouni, P.S. Tajpur, Distt. Samastipur. 4. Asharfi Mahto, Son of late Uchit Mahto, Resident of Vill. Dadhiya Ram Krishnapur, P.S. Samastipur, Distt. Samastipur. ---------- Petitioners Versus 1. The State of Bihar through the Commissioner cum Secretary, Higher Education, Govt. of Bihar, Patna. 2. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwawr Nagar, Darbhanga. 3. The Registrar, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga. 4. Finance Officer Lalit Narayan Mithila University, Kameshwwar Nagar, Darbhanga. 5. Principal, Dr. L.K.V.D. College, Tajpur, Samastipur. --------- Respondents ----------- 3 16.08.2010 Heard learned counsel for the parties. The following prayer of the petitioners in this writ application:- “1. That this is an application for issuance of a writ in the nature of Mandamus and/or any other appropriate writ, order or direction, directing and commanding the Respondents to discharge their statutory public duties and functions and to pay the legal dues of the petitioners details of which are being given as follows:- 2 i) Differential of pay from 1980- 81 to 2002-03 Rs. 1,17,238 (Petitioner No.1), Rs. 1,12,537/- (Petitioner No.2), Rs. 1,12,537/- (Petitioner No.3), and Rs. 1,12,537/- (Petitioner No.4). ii) Interest upon the entire dues amount from the dates they became due till the dates of their respective payment.” on the face of record seems to be stale and at least incapable of being looked into in a writ proceeding. Noticing this aspect of the matter, counsel for the petitioners seeks permission to withdraw this application for raising the same before the competent authority of the University by taking a plea that at least the University is liable to pay the admitted amount to the petitioners. This Court, without expressing any opinion on such submission of the counsel for the petitioners, would simply accord permission to withdraw this application in order to avail any other remedy, which is available to them in law. It is, however, made clear that if the petitioners’ claim is admitted by the 3 University, the payment thereof may be made to the petitioners within a period of six months from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)