IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6388 of 2009 MAHESHWAR KUMAR SINHA, SON OF LATE TARNI PRASAD SINHA, RESIDENT OF MOHALLA – MASRAF BAZAR, P.S. DARBHANGA TOWN DISTRICT – DARBHANGA. …. PETITIONER. Versus 1. THE VICE – CHANCELLOR, L.N. MITHILA UNIVERSITY, DARBHANGA. 2. THE REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA. 3. THE FINANCE OFFICER, L.N. MITHILA UNIVERSITY, DARBHANGA. 4. THE PRINCIPAL, C.M. SCIENCE COLLEGE, DARBHANGA. …. RESPONDENTS. ----------- 03/ 14.01.2010 Heard counsel for the petitioner and counsel appearing for the L.N. Mithila University. Petitioner is working as Reader in the department of Botany in C.M. Science College, Darbhanga. He has filed this application for a direction to the Vice-Chancellor, L.N. Mithila University, Darbhanga as well as other authorities like Registrar and Finance Officer of the L.N. Mithila University, Darbhanga to make payment of his arrears of salary and enhanced Dearness Allowance for the period August 1989 to February, 2007. Petitioner’s case is that the State Government is releasing fund in favour of the University for making payment of full salary to its teaching and non-teaching employees which also includes the revised salary as well as Dearness Allowance. The difference in salary on account of - 2 - the revision of the pay scale as well as Dearness Allowance, but it is the University and its authority, who divert the fund and making payment of part of the salary to the petitioner and other similarly situated employees. The claim of the petitioner is that his entire dues comes to the tune of Rs.7,95,632/-. As stated in the writ application that petitioner is entitled for this amount and this is an undisputed amount legally payable to the petitioner. The writ application is being disposed of giving liberty to the petitioner for filing a representation before the Vice-Chancellor of the University through Registrar of the University. The representation must be filed within four weeks from today. In the representation the petitioner will give the details of his entire dues. On submission of such representation by the petitioner, the Registrar will verify the claim of the petitioner with the connected records and make payment of entire amount of arrears to the petitioner, which relates to difference of arrears of salary and enhanced Dearness Allowance. In case of any amount, it is disputed a reasoned order must be passed by the Registrar. The payment must be made within eight weeks from the date of - 3 - the filing of the representation by the petitioner. The University and its authorities, in case of non-availability of requisites fund, will make requisition before the Secretary, Higher Education and the Secretary, Higher Education will release fund within two weeks from the date of receiving of such requisition by the University. DKS/ (Mridula Mishra, J.)