IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10455 of 2005 NARESH PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 6. 12.08.2008 Heard learned counsel for the petitioner, for the State and learned counsels for Lalit Narain Mithila University and B.N.Mandal University. Learned counsel for the petitioner fairly states that no further grievance survives in so far as Lalit Narain Mithila University is concerned. Coming to B.N. Mandal University, learned counsel submits that of the arrears detailed in paragraph 7 of the supplementary affidavit, arrears for difference in U.G.C. pay scale for the period 1.1.1986 to 31.7.1989 and the deferred D.A. for the period 1981-82 to 1985-86 stands paid. However, the entire arrears of the U.G.C. pay scale from 1.1.1996 to 31.3.2000 and from 1.4.2000 to 31.10.2001 amounting to Rs. 5,87,944/- approximately has not been paid. That only 46% of the dues have been paid. He relies upon a Government instruction bearing letter no. 15/M-1-218-98 (Higher Education) 1300 dated 10.7.2001 more particularly clause 24 of the same to submit that as per the Government decision itself this arrear was to be paid in the financial year 2002-2003 in six half yearly instalments. Notwithstanding the aforesaid Government instruction, the entire dues still remains elusive. The petitioner retired on 31.10.2001 and the same has not been paid. Counter affidavit of B.N. Mandal University does not deny or dispute the arrears of U.G.C. pay scale claimed by the petitioner - 2 - and on the contrary at paragraph 6 relies upon the Government instruction referred to by the petitioner to submit that it was payable in six instalments and that 46% of the total claim has been paid. At this stage the counsel for the University realizing the implication submit that the University be granted liberty to examine the correctness of the dues in accordance with law. For a person, who has retired from the Government service, his retiral and pensionary dues are only source for survival. This Court will not countenance a situation where a retired employee leaves behind his dues as an earthly possession for his legal heirs. He is entitled to the same in his life time for his enjoyment. This Court, therefore, directs that the B.N. Mandal University shall examine the claim of the petitioner for arrears of the U.G.C. scale for the periods in question as noticed above within a period of one month from the date of receipt and/or production of a copy of this order before the Registrar of the University. Within three weeks after such examination, the arrears as quantified by the University, less the amount already paid, shall be requisitioned from the State Government. The State Government in the Department of Higher Education shall then examine this claim submitted by the University, when the Registrar of the University shall present himself on the date to be fixed by the Secretary of the Department with all necessary records, so that any query by the Government with regard to the petitioner will be answered by the Registrar then and there. In this manner, the Government is then required within two months from the - 3 - date of holding such sitting to pass appropriate orders releasing funds for the balance dues of petitioner as a retired employee. It is unfortunate that this purely administrative instruction is required in the form of a direction of the High Court. This writ application stands disposed off. AKS/ (Navin Sinha, J.)