IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2567 of 2006 MOST.MANJU AKELA W/o- Late Dr. Bramdeo Prasad Akela at present address Professor Colony Dighi West P.O. + P.S.-Lalbag, Darbhanga. Versus 1. L.N.MITHILA UNIVERSITY, Kameshwar Nagar, Darbhanga through its Registrar, District-Darbhanga 2. The Vice-Chancellor, Lalit Narayn Mithila University, Kameshwar Nagar, Darbhanga, District- Darbhanga. 3. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, District-Darbhanga. 4. The Finance Officer, Lalit Narayan Mithila Univesity, Kameshwar Nagar, Darbhanga, District- Darbhanga ----------- 6 07.05.2010 Mr. Nawal Kishore Singh, learned counsel for the petitioner, Mr. Parthasarathi, learned counsel for the L.N. Mithila University and its functionaries are present. The Registrar of the L.N.Mithila University is present in Court. Learned counsel for the University files a counter affidavit. The petitioner is the widow of late Dr. Bramdeo Prasad Akela who died in harness on 14.11.2004. Although the petitioner received the part payment of the post retiral amounts but a major portion thereof was not paid as has been set out in paragraph 1 of the writ petition relating to arrears of salary, earned leave, differed D.A. Group Insurance and gratuity. It is in these circumstances the 2 writ petition came to be filed and has remained pending. A counter affidavit in the light of the directions of this Court has been filed today and the details of payment have been set out in paragraph 3 of the counter affidavit. The University has calculated an amount of Rs. 5,94,029/- payable to the petitioner against the family pension, gratuity, leave encashment and arrears of salary claims. It is further stated that despite processing the claims, the payments could not be made as it requires clearance by the State Finance Auditors and that it would be paid no sooner the clearance is accorded. Having regard to the circumstances that the petitioner’s husband expired as back as on 14.11.2004 and it has taken about six years for the respondents to calculate the admissible dues payable to the petitioner, I am of the opinion that the payments cannot be delayed on pretext of clearance by the State Finance Auditors. The State Finance Auditors are directed to verify and accord clearance to the calculation made by the respondent University placed at Annexure-A of the counter 3 affidavit without causing unnecessary delay and unless they are fully convinced about any infirmity in the calculations, they would not be raising any frivolous and unwarranted objections to the calculations made by the University. In any event the said exercise should be completed within four weeks of receipt/production of a copy of this order. After verification and clearance granted by the Auditors, the payments should be made to the petitioner without any further delay and preferably within four weeks thereafter. Needless to add that if the petitioner is aggrieved by any of the calculations of the principal or the interest amount she shall be at liberty to raise her grievance before the respondent No.4, the Finance Officer of the University and who shall consider and dispose of the same in accordance with law. Bibhash ( Jyoti Saran, J.)