IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16290 of 2006 Seth Arun Kumar Sinha, Son of Late Kashi Ram, Retired Professor, Department of Chemistry, Gopeshwar College, Jaiprakash University, Chhapra at present resident of Mohalla Khandakper, Doctor’s Colony, P.O. and P.S. Biharsharif, District Nalanda. ------- Petitioner Versus 1. The State of Bihar through Commissioner-cum-Secretary, Department of Higher Education, New Secretariat, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Department of Higher Education, New Secretariat, Government of Bihar, Patna. 3. B.R. Ambedkar University, Muzaffarpur, through Registrar, District Muzaffarpur. 4. The Vice Chancellor, B.R. Ambedkar University, Muzaffarpur, District Muzaffarpur. 5. The Registrar, B.R. Ambedkar University, Muzaffarpur, District Muzaffarpur. 6. The Commissioner-cum-Secretary, Jaiprakash University, Chapra through the Registrar, District, Chapra. 7. The Vice-Chancellor, Jaiprakash University, Chapra, District Chapra. 8. The Registrar, Jaiprakash University, Chapra, District Charpa. -------- Respondents ----------- 3 30.07.2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- “1. That the present application is being filed for issuance of an appropriate writ, writs/order or orders commanding the Respondents to pay the legal dues of the petitioner which are as follows: (i) Difference of pay scale and other allowance from January 1986 to June 1990 = Rs. 76,861/- 2 (ii) Difference of pay scale and other allowance from July 1990 to March 1995 = Rs. 57,775/- (iii) Difference of DA from 1983-84 to 1989-90 = Rs. 21,069/- (iv) A sum of Rs. 10,000/- deducted from gratuity. (v) Arrears of interim relief from 1.04.1994 = Rs. 1,66,905/- (vi) To pay the entire dues with interest to the petitioner.” With regard to the aforementioned prayer, learned counsel for the petitioner would submit that the petitioner, having already retired from service, is still running pillar to post for getting his due, which has not been paid either by the authority of the Bihar University or by the J.P. University. Learned counsel for the J.P. University would submit that item nos. (i), (iii) & (v) is payable by the Bihar University. This statement is also not controverted by Mr. Ambar Nath Banerjee, learned counsel appearing on behalf of the Bihar University. In that view of the matter, when counsels for both the Universities have not filed any counter affidavit, this Court would 3 find it more expedient to direct the Vice Chancellor of both the Universities to examine the grievance of the petitioner and take a decision for actual payment of the amount within a period of three months from the date of receipt/production of a copy of this order. It would also be incumbent on the two Vice Chancellors to ensure that whatever amount they would find admissible and payable to the petitioner, its actual payment is also tendered to the petitioner in next three months. In the event either of the two or both the Vice Chancellors would find any of the amount or part thereof as claimed in this writ application to be not payable to the petitioner they would pass their individual reasoned order and communicate the same to the petitioner by registered post within the same period of three months so that the petitioner, a retired person, can know about his entitlement and take remedy for its realization. Let it be made clear that this Court has not gone into the merit of such claim of the petitioner and the same is to be decided 4 strictly by the University strictly in accordance with law. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)