IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10967 of 2007 Aditya Pd. Singh, S/o Late Ram Kripal Singh, R/o Ward No.19, Mohalla Gangjala, P.O. Saharsa, P.S. Saharsa Town, District Saharsa. ------ Petitioner Versus 1. The State of Bihar through the Commissioner Higher Education, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 2. The B.N. Mandal University, Laloo Nagar, Madhepura. 3. The Vice-Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 4. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 5. The Principal, M.L.T. College, Saharsa. 6. The Bursar, M.L.T. College, Saharsa. --------- Respondents ----------- 2 28.07.2010 Heard learned counsel for the parties. That prayer of the petitioner in this writ application reads as follows:- “2(a)That an appropriate writ or direction be issued to State Government, particularly the respondent no.1 to make necessary allotment of the requisite fund to the university for payment of legitimate dues of the petitioner with interest thereon accruing on account of arrears of salary consequent upon promotion and the to which the petitioner is entitled to. (b) That the difference of pay of Rs. 21,646.58 as differed D.A. from the year 1981-82 to December 1985 and the difference of pay from 1-3-1979 to December 1995 amounting of Rs. 31,456.00, the total being Rs. 53,102.58 to which the petitioner is 2 entitled to and details thereof send to the Vice-Chancellor of the University by the Principal to M.L.T. College, Saharsa being directed to be paid to the petitioner along with the interest thereon till the date of payment at the bank rate. (c) That a total amount of Rs. 1,24,727.00 pursuant to the determination of scale of pay of the petition by the University vide letter No. A/C 230 dated 19-8-2006 and on the basis of representation made by the petitioner as the arrears of the difference of salary with effect from 1-1-86 to 28 February 1994 be directed to pay to the petitioner. (d) That consequent upon the retirement, with effect from 28-2-1994 his post- retiral benefit of gratuity amounting to Rs. 1 lakh (maximum to be paid on this account), the leave encashment benefit amounting to Rs. 55,520.00 and General Insurance amounting to Rs. 19,473.00 and interim relief amounting to Rs. 8,232.00 be directed to be paid after deducting the amount already paid to the petitioner on all these heads, the balance being Rs. 1,34,371.00 in total along with interest thereon at the bank rate till the date of payment thereon to be paid him. (e) That an appropriate direction be 3 made for payment of arrears accruing on account of revision of pension consequent upon the revised determination of scale of pay and the same be ordered to be paid within a specified time with interest thereon at the bank rate.” Mr. Chandrashekhar, learned senior counsel for the petitioner would submit that even when the petitioner has retired in the month of February, 1994, the aforementioned grievance as with regard to the payment on different heads had not been redressed even till the date of filing of this writ application i.e. 24.8.2007. Counsel for the University on the other hand in absence of any instruction is not in a position to assist this Court but then he would submit that during pendency of the writ application, certain payment must have been made to the petitioner. This Court, however, cannot proceed on such speculative statement and therefore, the only recourse left for this Court is to remit the matter back to the Registrar of the University who would now examine the claim of the petitioner agitated in this writ application. 4 In order to expedite the matter, the petitioner is given liberty to file fresh representation by confining his remaining claim which even now would survive for adjudication and the Registrar of the University on receipt of such representation along with a copy of this order must do the needful either by releasing the amount or giving reasons in his order rejecting the same. This exercise, however, must be completed within a period of four moths from the date of filing of the representation. With the aforesaid observation and direction, this writ application is disposed of. Rsh (Mihir Kumar Jha, J.)