IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8830 of 2006 Smt.Uma Devi, W/o-Late Rajeshwar Prasad Singh, resident of Postal Park, Indra Nagar, Near Das Bhawan, District-Patna. –Petitioner. VERSUS 1. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. 2. The Registrar, Lalit Narayan Mithila University, Darbhanga. 3. The Principal, Dr. L.K.V.D. College, Tajpur, Samastipur. 4. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 5. The State of Bihar through the Chief Secretary, Bihar at Patna. –Respondents. ----------- 05 09.05.2011 The ridiculous level to which things can travel and the insensitivity of State and its instrumentality is writ large by this case. Petitioner’s husband was a teacher in the department of English in Dr. L.K.V.D. College, Tajpur, Samastipur under the Lalit Narayan Mithila University, Darbhanga being its constituent college. The said Rajeshwar Prasad Singh died in harness on 13.12.1999 (12 years back). The widow having failed to evoke any sympathy from the State or the University for the retiral dues to be paid and the family pension to be paid filed this writ petition in the year 2006. For the moment, without going into the question of correctness of the stand taken by the University in their counter affidavit, it would suffice to state that University admits that a total amount due and payable to the petitioner as a consequence of her husband dying in harness in the year 1999 was Rs.11,42,527/- as duly scrutinized by the State Finance Auditor deputed by the State Government in the University. This includes arrears of salary of Rs.2,83,824/-, arrears of gratuity of Rs.2,90,937/-, arrears of family pension of Rs.5,53,929/- and arrears of unutilized earned leave of Rs.13,837/-. Notwithstanding the aforesaid admission, the University pleads that it is unable to pay the same as it does not - 2 - have the funds. The State has already been sent the utilization certificate and thereafter a requisition for further release of money but in the calendar year 2011 State has not disbursed a single paisa till date towards clearance of arrears. Mr. Pushkar Narayan Shahi, learned counsel for the University makes this statement upon instructions received from the Registrar, who is present in the Court. This depicts an extremely sorry state of affairs. A widow is kept waiting for settlement of retiral dues of her husband, for her family pension for 11 years and not one person in the Secretariat or the University feels to move by the situation to do a good deal of helping her. Everybody is thick-skinned and totally insensitive. In that view of the matter, I direct the State and the University to ensure that the entire payment of Rs.11,42,527/-, as certified by the State’s Auditors, be paid to the petitioner within 15 days from today and both State and University would file compliance report thereof duly affidavited in this Court immediately thereafter. Once this is paid, State and the University would be obliged to pay interest for this undue delay of almost 11 years in settlement of the widow’s account at the rate of 8% per annum from the time payment was due up to the time when payment was made. This amount shall be paid within one month after the principal is paid and it shall be the responsibility of the State to ensure its due payment to the University. If any further payment is due to the petitioner, petitioner would be free to raise those disputes before the Finance Officer of the University, - 3 - who upon receipt of the claim will adjudicate upon it by speaking order within 15 days of the receipt of the claim and, if it is found that any further amount is due and payable, he would inform the Registrar accordingly and the Registrar would be responsible for securing the payment from the State and making that to the petitioner within two months thereafter. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)