IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4763 of 2007 1.Krishna Prasad 2.Sudama Prasad (substituted heirs of Janki Devi- petitioner). Both sons of Late Dadan Yadav, resident of Village/Mohalla- Maulabag, P.S. Nawada(Ara), District- Bhojpur at Ara ….. Petitioners Versus 1.Veer Kunwar Singh University, Ara, through Registrar, District- Bhojpur 2.The Vice Chancellor, Veer Kunwar Singh University, Ara, District- Bhojpur 3.The Registrar, Veer Kunwar Singh University, Ara, District- Bhojpur 4.The Finance Officer, Veer Kunwar Singh University, Ara, District- Bhojpur 5.The Principal, S.B.College, Ara, District- Bhojpur …… Respondents ----------- 2. 25/08/2009 Re: I.A.No.3188 of 2008 This I.A. has been filed for substitution of legal heirs of the petitioner, who is said to have died on 5.12.2007, leaving behind her legal heirs as mentioned in paragraph 3 of the I.A. There is no opposition to the I.A. Accordingly, this I.A. is allowed. Let the name of deceased sole petitioner be expunged from the cause title and in her place, her legal heirs as mentioned in paragraph 3 be substituted. This writ application was filed by the original petitioner for a direction to the respondent University authorities for payment of arrears of her salary of different periods as - 2 - mentioned in paragraph 1 of the writ application. Learned counsel for the petitioner submits that the detailed calculations of the said dues are contained in Annexure-3 series. He also submits that during the pendency of the application, part payment has been made to the original petitioner but still some dues remains with the University. Since the original petitioner has died, he submits that the substituted petitioners will file a fresh representation before the Vice Chancellor of the University giving details of the remaining dues of the original petitioner. This writ application was filed on 12.4.2007. However, in spite of passage of more than two years, nothing has come on records of this case, by way of counter affidavit or otherwise, to show that the claim of the petitioner has been considered and/or denied by the competent authority or has even been considered. Learned Counsel for the respondents is also not in a position to contend that the claim of the petitioner is in active consideration or has been considered and - 3 - disposed of by the competent authority by now in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. The substituted Petitioners must file a fresh representation before the Vice Chancellor of the University within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with her service history and other documents/circulars/orders etc. on the basis of which petitioners assert their right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioners in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned - 4 - respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioners has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. - 5 - 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioners within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioners on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. Pradeep/ (J. N. Singh, J.)