IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10150 of 2006 PROF.MAHENDRA PRASAD JAISWAL S/O Late Satyadeo Pd. Jaiswal, resident of Mithanpura, P.O. Ramana, P.S. Mithanpura, 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.A. Bihar University, Muzaffarpur 4. The Registrar, B.R.A. Bihar University, Muzaffarpur 5. The Finance Officer, B.R.A. Bihar University, Muzaffarpur ----------------- Respondents. ----------- 03 31-03-2011 Heard Sri Prabhu Nath Rai, learned Senior Counsel for the petitioner, Sri Kumar Ravish, learned counsel appearing on behalf of Respondent nos. 1 and 2 / State of Bihar and learned counsel appearing on behalf of Respondent Nos. 3,4 and 5/ B.R.A.Bihar University. The present writ petition was filed on 21.8.2006 after serving a copy of the same on learned counsel for the Respondents. However, till date no counter affidavit has been filed on behalf of Respondent nos. 3 to 5/ B.R.A. Bihar University, which is necessary party in the present case. The petitioner, who superannuated with effect from 31.12.1991 as University Professor in the department of Psychology from R.D.S. College, Muzaffarpur, has prayed for directing the Respondents to make payment of pension difference arrears for the period from 1.4.1997 to 31.12.2003 accrued in consequence of implementation of payment of pension with D.R. at revised rate. 2 Sri Prabhu Nath Rai, learned Senior Counsel for the petitioner submits that the petitioner has also filed a detailed representation, which has not been disposed of till date .Though the writ petition was filed, no counter affidavit has been filed till date on behalf of University. Accordingly, it was prayed that the writ petition may be disposed of granting liberty to the petitioner to file a fresh representation. The petition stands disposed of with liberty to the petitioner to file a detailed representation before Respondent no.3/ Vice Chancellor, B.R.A. Bihar University, Muzaffarpur 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 order for clearing the dues of the petitioner within the aforesaid time. In case of refusal, Respondent no.3 is directed to pass speaking order within the aforesaid time, i.e. within a period of three months from the date of filing of such representation. With the above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar,J.)