IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1945 of 2003 VIJAYA LAKSHMI wife of Ram Milan Singh, Resident of Village Jogiyara Patore, P.S. Bahadur pur Chouk, District Darbhanga. At present working as lecturer Sri Shankar Sanskrit Upshashtri College, Shahpur, Begusrai. Versus 1.KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY through the Vice Chancellor, Kameshwar Nagar, Darbhanga. 2.The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3.The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 4.The Finance Officer, Kameshwar singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 5.The Principal, Sri Shankar Sanskrit Upshashtri College, Shahpur, Begusrai. ----------- 3 26.7.2010 No one appears for the petitioner. Counsel for the Kameshwar Singh Darbhanga Sanskrit University is present. Prayer of the petitioner in this writ application reads as follows:- “That for a direction to the respondents to make payment of arrears of increment of salary since 15.8.1985 to October, 1995 to the petitioner with statutory interest.” As with regard to the aforementioned prayer, though no counter affidavit has been filed by the University, Mr. Shivesh Mishra, learned counsel appearing on behalf of the University would draw attention of this Court towards order dated 12.1.2002 communicating the petitioner that the financial condition of the University was not stable and as such it was not possible for the University to make payment of salary. In the opinion of this Court, such reasons may not stand to scrutiny inasmuch as for each of the affiliated college as a grant in aid the government had releasing fund and therefore paucity of fund or non availability of fund in P.L. account can not 2 be a ground for nonpayment of salary. Nonetheless such stale claim for payment of salary from August, 1985 to October, 1995 cannot be gone into by this Court in absence of the counter affidavit. In that view of the matter, the Registrar of the University is directed to examine the claim of the petitioner and if it is found that the petitioner and other teachers have not been paid salary for the period August, 1985 to October, 1995 the University will take an appropriate decision in this regard in consultation with the State Government. In this regard this much has to be observed that payment of salary can only be made to the petitioner if his appointment was made as per requirement laid down in the statutes and that too against the sanctioned post by the State Government. Therefore, if the writ petitioner would approach the Registrar of the University by filing a representation along with documents and a copy of this order, necessary decision would be taken by the Registrar of the University by passing a reasoned order within a period of six months from the date of filing of the aforesaid representation. It is however made clear that this Court has not gone into merits of the claim of petitioner and it is for the University to take its decision strictly in accordance with law. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)