IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6216 of 2001 RAMAYAN SHARMA Versus MAGADH UNIVERSITY & ORS ----------- 4. 6.5.2009 Heard learned counsel for the petitioner, for the State and for the Magadh University. The claim in this writ application is for arrears of salary. Counsel for the University from Annexure- 10 to the supplementary affidavit filed on behalf of the petitioner submits that the services of the petitioner have been regularized on a sanctioned post with effect from 1.12.1975 and the claim for wages has to be considered in that light. He next submits that funds for payment are to be made available by the State Government. Counsel for the State submits that the State Government has recently released funds for payment of salary. The issue of release of funds by the State Government, receipt of the same by the University and then payment of the arrears of salary are purely administrative matters between the University and the State Government. This Court shall not allow the University and the State Government to turn this Court into a playing filed for them. In view of Annexure 10 to the supplementary affidavit, this Court issues a mandamus to the Vice Chancellor of the Magadh University and the Secretary-cum-Commissioner, Department of Higher Education, Government of Bihar to sit down together and resolve the issue of payment to the petitioner within a maximum period of four months from the date of receipt/production of a copy of - 2 - this order before them. Neither the Vice Chancellor nor the Secretary shall be permitted to raise any objection that the petitioner had produced a photo copy of the order before either one of them as it is apparent that the original certified copy shall be presented before either one of them. This Court only considers it proper to invite the attention of the Vice Chancellor and the Secretary to the judgment of the Supreme Court reported in 2007 (7) SCC 39 (Oil and Natural Gas Corporation Limited vs. City and Industrial Development Corporation, Maharashtra Ltd. and Ors.) on the issue of inter department wrangling on an administrative matters and the burden being thrown on this Court. The Supreme Court declined to interfere and issued mandamus for a decision by an administrative committee. P. Kumar (Navin Sinha, J.)