IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9613 of 2006 SMT.KAMLA PANDEY W/O Late ( Dr.) Jaganath Pandey, present Address C/O Devesh Pandey, Chandra Lok Chowk, Mohalla- Naya Tola, P.S. Kazi Mohammadpur, District- Muzaffarpur ---------------------- Petitioner Versus 1. THE STATE OF BIHAR through Secretary –cum- Commissioner, Higher Education, Govt. of Bihar,Patna 2. The Director, Higher Education, Govt. of Bihar,Patna 3. The Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 4. The Registrar, B.R.A. Bihar University, Muzaffarpur 5. The Finance Officer, B.R.A., Bihar University, Muzaffarpur ----------------------------- Respondents. ----------- 03 28-03-2011 Heard Sri Prabhu Nath Rai, learned Senior Counsel for the petitioner, Sri R.R.Tiwary, learned A.C. to Addl.Advocate General No.12 appearing on behalf of Respondent nos.1 and 2 and learned counsel appearing on behalf of Respondent nos.3,4 and 5./ B.R. Ambedkar Bihar University, Muzaffarpur. The present writ petition was filed on 8.8.2006 after serving a copy of the same on learned counsel appearing on behalf of all the Respondents with a prayer to direct the Respondents, particularly Respondent /B.R.Ambedkar Bihar University, Muzaffarpur for making payment of difference of family pension for 1.4.1997 to 28.2.2003, accrued in terms of State Government Resolution No.11558 dated 22.12.1999. However, till date no counter affidavit has been filed. The husband of the petitioner retired with effect from 31.3.1989 as University Professor, Department of Hindi from R.D.S. College, Muzaffarpur . Subsequently, the husband of the 2 petitioner died on 8.11.1994. It was submitted by learned Senior Counsel for the petitioner that a detailed representation was filed before the Respondent/Vice-Chancellor, B.R.Ambedkar Bihar University, Muzaffarpur long back. However, no decision with respect to clear the dues of the petitioner has been taken till date. The Court is of the opinion that for the purposes of filing counter affidavit, hearing in the present writ petition may not be further deferred. It would be appropriate to dispose of the present writ petition granting liberty to the petitioner to file a fresh representation before Respondent no.3 within a period of six weeks from today. If such representation is filed by the petitioner, Respondent no.3 is directed to examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner within a period of three months from the date of filing of such representation. If Respondent no.3 considers the claim of the petitioner as genuine, he is required to pass payment order in respect of the dues within the aforesaid time, i.e. within a period of three months from the date of filing of such representation. In case of refusal, Respondent no.3 is directed to pass speaking order within aforesaid time. With above observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar,J.)