IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12276 of 2008 Parshuram Sharma, son of Late Kanchandeo Sharma, resident of Kanchan Nilyam, Shivpuri, Main Road, P.S. Kazi Mohammadpur, District-Muzaffarpur ----------- Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar,Patna 3. The B.R.A. Bihar University, Muzaffarpur through its Registrar. 4. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur 5. The Registrar, B.R.A. Bihar University, Muzaffarpur 6. The Finance Officer, B.R. A. Bihar University, Muzaffarpur 7. The Principal, L.S. College, Muzaffarpur ------------------- Respondents. ---------------------------------- 08 16-11-2011 Heard Sri Manish Kumar, learned counsel for the petitioner , Sri Indrajeet Singh, learned A.C. to Standing Counsel no.6 , who appears on behalf of Respondent/State and learned counsel appearing on behalf of Respondent nos. 3 to 7/ B.R.A. Bihar University. The present writ petition was filed with a prayer to direct the Respondents to pay all the retiral dues. The petitioner retired on 31.01.2002 as University Professor from L.S. College, Muzaffarpur. In this case, earlier a counter affidavit was filed on behalf of Respondent/ University and it was admitted that the claim of the petitioner was examined and the University had come to the conclusion that Rs.9, 65,992/- was required to be paid to the petitioner. Thereafter, no counter affidavit has been filed by the Respondent/University as to whether the admitted dues of the petitioner were paid or not. 2 In this case, the petitioner had filed a rejoinder to the counter affidavit and had claimed that he was entitled to get total amount of Rs.11,52,422/-. The said rejoinder was filed in the month of January, 2009. Thereafter, nothing has been brought on record by the University regarding clearance of the dues. Learned counsel for the petitioner on instruction informs the Court that the petitioner has now been paid Rs.8,60,000/- whereas the total admitted amount, i.e. Rs.9, 65,992/- was to be paid. Accordingly, Rs.1,05,992/- is still outstanding. The writ petition is pending since 2008 and no specific affidavit has been filed by the University regarding payment as well as claim of the petitioner and, as such, with the consent of learned counsel for the parties, the writ petition stands disposed of with liberty to the petitioner to file a detailed representation before Respondent no.5/ Registrar, B.R.A. Bihar University, Muzaffarpur regarding the remaining dues of the petitioner within a period of six weeks from today . If such representation is filed by the petitioner, the Respondent no.5 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If the Respondent no.5 considers the claim of the petitioner as genuine, he is required to pass order for payment within the aforesaid period. Even in case of refusal, the Respondent no.5 is required to pass speaking order and communicate the same to the petitioner within a period of four months from the date of filing of such 3 representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)